Cronin v. Columbian Manufacturing Co.
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the May term, 1908, of the superior court by /Stone, J., on the defendants’ exception to the denial of their motion for a nonsuit. The plaintiff, a boy fourteen years of age, was employed by the defendants to clean spinning frames and to carry waste to the basement of their mill on an elevator.
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Case, for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the May term, 1908, of the superior court by /Stone, J., on the defendants’ exception to the denial of their motion for a nonsuit. The plaintiff, a boy fourteen years of age, was employed by the defendants to clean spinning frames and to carry waste to the basement of their mill on an elevator. He was also in the habit of returning to the upper stories on the elevator, but had nothing to do with operating it. At the time of his injury he was riding up on the elevator, which was carrying some boxes. He…
1Opinion of the CourtWalker, J.
The plaintiff admitted in his testimony that he knew at the time of his injury that if he allowed his foot to extend beyond the guard it would hit the floor above when the elevator went up through, but he testified that he was not thinking of the situation at that time. He was a boy of average intelligence and about fourteen years of age, wbo it appears understood the situation and appreciated the danger. It was unnecessary, therefore, for the defendant to instruct him that it would be dangerous for him to allow any part of his person to extend beyond the guard when the elevator was in…
2Cases cited3 opinions
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- O'Hare v. Cocheco Manufacturing Co.Supreme Court of New Hampshire · 1901
- Hicks v. Claremont Paper Co.Supreme Court of New Hampshire · 1907
3Cited by20 opinions
- Myers v. Little Church by the Side of the RoadWashington Supreme Court · 1951
- Cummins v. DufaultWashington Supreme Court · 1943
- Sevigny v. J. Spaulding & Sons Co.Supreme Court of New Hampshire · 1924
- Robinson v. Boston & Maine RailroadSupreme Court of New Hampshire · 1932
- Fontaine v. Johnson Lumber Co.Supreme Court of New Hampshire · 1911
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