Henderson v. Williams
Supreme Court of New Hampshire
Case, to recover for injuries sustained by the plaintiff, October 5, 1886, in the defendant’s quarry in Francestown. Verdict for the plaintiff. While the plaintiff, as the defendant’s servant, was engaged in removing an unexploded charge of powder by him placed in a hole previously drilled by him and others, the charge exploded, whereby he ivas injured.
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Case, to recover for injuries sustained by the plaintiff, October 5, 1886, in the defendant’s quarry in Francestown. Verdict for the plaintiff. While the plaintiff, as the defendant’s servant, was engaged in removing an unexploded charge of powder by him placed in a hole previously drilled by him and others, the charge exploded, whereby he ivas injured. The plaintiff claimed that the fuse used by him to ignite the charge was, without his knowledge, defective in that it had been wet; that by order of the defendant’s superintendent, who had charge of the blasting materials and who knew of its…
1Opinion of the CourtCarpenter, J.
A servant assumes the perils incident to his ■service of which he is informed, or which ordinary care would disclose to him. Fifield v. Railroad, 42 N. H. 225, 240; Nash v. Company, 62 N. H. 406, 408.
The evidence tends to show — and at the trial it was apparently not disputed — that the failure of a charge to explode was not uncommon, and might happen from various causes, as from a wetting of the fuse either before or after it was put in position, from a defect in its manufacture, from its severance in the process of tamping, or by reason of its not extending to the charge ; that from…
2Cases cited1 opinion
- Nash v. Nashua Iron & Steel Co.Supreme Court of New Hampshire · 1882
3Cited by11 opinions
- Collins v. Laconia Car Co.Supreme Court of New Hampshire · 1894
- Cassidy v. Atlantic Corp.Supreme Court of New Hampshire · 1920
- Lapelle v. International Paper Co.Supreme Court of New Hampshire · 1902
- Hardy v. Boston & Maine RailroadSupreme Court of New Hampshire · 1896
- Fasekis v. J. J. Newbury Co.Supreme Court of New Hampshire · 1945
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