Sirois v. Henry
Supreme Court of New Hampshire
The plaintiff’s evidence tended to show that the only instructions given the three men were that the plaintiff should take two wrenches, tighten tire loose bolts that held the buckets to the chains, and if any bolts were missing insert new ones; that Belmore was to stand at the clutch and apply and release the power when it was necessary to start or stop the carrier; and that Thibedeau was to transmit word from the plaintiff to Belmore when to start and stop the carrier.
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The plaintiff’s evidence tended to show that the only instructions given the three men were that the plaintiff should take two wrenches, tighten tire loose bolts that held the buckets to the chains, and if any bolts were missing insert new ones; that Belmore was to stand at the clutch and apply and release the power when it was necessary to start or stop the carrier; and that Thibedeau was to transmit word from the plaintiff to Belmore when to start and stop the carrier. These men began this'work about half past one in the afternoon. At first Thibedeau transmitted the signal to Belmore from a…
1Opinion of the CourtBingham, J.
1. A servant does not assume the risk of dangers that are unknown to him and of which he would not have learned by the exercise of ordinary care. Henderson v. Williams, 66 N. H. 405.
Notwithstanding the plaintiff admitted that he knew other men besides those associated with him in repairing the carrier were at work making repairs in the mill on the day of the accident, his evidence tended to prove that he did not know any of them were at work in the digester room, or that their work was of a nature calling for the use of signals which might be mistaken for his. Hence it cannot be said as a…
2Cases cited3 opinions
- Henderson v. WilliamsSupreme Court of New Hampshire · 1890
- Matthews v. CloughSupreme Court of New Hampshire · 1900
- Slack v. CarterSupreme Court of New Hampshire · 1903
3Cited by5 opinions
- Vaisbord v. Nashua Manufacturing Co.Supreme Court of New Hampshire · 1908
- Demers v. BeckerSupreme Court of New Hampshire · 1941
- McCalman v. Illinois Cent. R.Court of Appeals for the Sixth Circuit · 1914
- Osman v. W. H. McElwain Co.Supreme Court of New Hampshire · 1916
- Tremblay v. J. Rudnick & Sons, Inc.Supreme Court of New Hampshire · 1940