Bennett v. Warren
Supreme Court of New Hampshire
Probate Appeal, from the allowance of the plaintiff’s claim against the S. C. Forsaith Machine Company, insolvent debtors. Trial by jury and verdict for the plaintiff. The plaintiff claimed damages for the loss of a hand, April 6, 1898, alleged to have been caused by the negligence of his employers.
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Probate Appeal, from the allowance of the plaintiff’s claim against the S. C. Forsaith Machine Company, insolvent debtors. Trial by jury and verdict for the plaintiff. The plaintiff claimed damages for the loss of a hand, April 6, 1898, alleged to have been caused by the negligence of his employers. The negligence charged was the employment of defective machinery and the failure to inform the plaintiff, whom his employers knew to be inexperienced, as to the danger of Iris work. There was evidence tending to prove the following facts: The plaintiff was working at the rear of a planing machine,…
1Opinion of the CourtWallace, J.
One of the questions raised is whether the plaintiff was working within the scope of his employment when he was injured. He was at the rear end of a planer, taking away the boards as they came through it. The blower-pipe being defective, the shavings which dropped from the planer became packed in beneath the machine, and obstructed its operations. He understood that it was his duty to clear away the shavings, and in doing so was injured. The jury had a view of this machine when still and when in operation, and of the place of the accident. Charles C. Bennett, who had charge of the machine and…
2Cases cited1 opinion
- Robinska v. MillsMassachusetts Supreme Judicial Court · 1899
3Cited by8 opinions
- Stephens v. Southern RailwaySupreme Court of South Carolina · 1902
- Hamel v. Newmarket Manufacturing Co.Supreme Court of New Hampshire · 1905
- Lapelle v. International Paper Co.Supreme Court of New Hampshire · 1902
- Boyce v. JohnsonSupreme Court of New Hampshire · 1903
- Dial v. WilkeCourt of Appeals of Texas · 1939
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