Spilene v. Salmon Falls Manufacturing Co.
Supreme Court of New Hampshire
The evidence .tended to prove the following facts. The defendant operates cotton mills and Spilene "was employed by it to handle bales of cotton in' its store-house. There was no floor, and the bales rested on large timbers placed some distance apart. The bales were piled to a considerable height, and it was the practice to remove them tier by tier, instead of layer by layer.
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The evidence .tended to prove the following facts. The defendant operates cotton mills and Spilene "was employed by it to handle bales of cotton in' its store-house. There was no floor, and the bales rested on large timbers placed some distance apart. The bales were piled to a considerable height, and it was the practice to remove them tier by tier, instead of layer by layer. When a new tier was started on, the bales were so removed that the end of the tier formed a series of steps each one bale high, and this formation was preserved as the work progressed. The bales weighed several hundred…
1Opinion of the CourtPeaslee, J.
The case was tried, and the general merits of it have here been argued, upon the theory that the defendant’s common law liability was modified by the provisions of the employers’ liability act applicable to those who have not accepted its other provisions. Laws 1911, c. 163, s. 2. It appeared in evidence that Spilene’s work was of a character to make the statute applicable, but there was no evidence that the defendant had or had not accepted the compensation features of the act. In this state of the proof the defendant requested a ruling that the rights of the parties were to be determined as…
2Cases cited3 opinions
- Nawn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Haskell v. Manchester Street RailwaySupreme Court of New Hampshire · 1906
- State v. KeggonSupreme Court of New Hampshire · 1874
3Cited by13 opinions
- First National Bank v. FordWyoming Supreme Court · 1923
- Pillsbury-Flood v. Portsmouth HospitalSupreme Court of New Hampshire · 1986
- State Board of Medical Examiners v. McHeneryLouisiana Court of Appeal · 1953
- Cole v. North Danville Cooperative Creamery Ass'nSupreme Court of Vermont · 1930
- Bunten v. DavisSupreme Court of New Hampshire · 1926
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