Legal Opinion

Marcotte v. Maynard Shoe Co.

Supreme Court of New Hampshire

Decided November 6, 1912PublishedCited by 2 opinions

Case, for personal injuries sustained by the plaintiff while •employed in the rubber shop of the defendants’ shoe factory at Claremont. Trial by jury and verdict for the plaintiff.

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Case, for personal injuries sustained by the plaintiff while •employed in the rubber shop of the defendants’ shoe factory at Claremont. Trial by jury and verdict for the plaintiff. Transferred from the November term, 1911, of the superior court by Wallace, C. J. The plaintiff was injured while working upon a machine known as a calender, which consisted in part of three hollow, metal cylinders set one over another in an iron frame, and here designated as C, D, and E, from above downward. The cylinders were about .six feet in circumference and could be heated by steam. They were adjustable and…

1Opinion of the CourtBingham, J.

The defendants say that their motions for a nonsuit and a verdict should have been granted and assign the following reasons: (1) That there was no evidence of any prior accident due to the sticky condition of the friction, from which it could be found that the defendants knew of this source of danger and were chargeable with a duty to warn the plaintiff; (2) that the absence of light was in no sense a contributing cause of the accident; (3) that it was impossible the accident should have happened by reason of the plaintiff’s inability to withdraw his hand from the friction because of its…

2Cases cited7 opinions

  1. Colburn v. GrotonSupreme Court of New Hampshire · 1889
  2. Bond v. BeanSupreme Court of New Hampshire · 1904
  3. Saucier v. New Hampshire Spinning MillsSupreme Court of New Hampshire · 1903
  4. Batchelder v. Manchester Street RailwaySupreme Court of New Hampshire · 1903
  5. Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Stocker v. Boston & Maine RailroadSupreme Court of New Hampshire · 1928
  2. Fuller v. Maine Central RailroadSupreme Court of New Hampshire · 1917

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