Nourie v. Theobald
Supreme Court of New Hampshire
Case, to recover damages for personal injuries resulting from negligence. IJpon a trial by jury a nonsuit was ordered, subject to the plaintiff’s exception. The plaintiff, a common laborer, was employed by the defendant, a contractor for moving and taking down buildings and putting in foundations, to do whatever he was directed to do for the time being.
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Case, to recover damages for personal injuries resulting from negligence. IJpon a trial by jury a nonsuit was ordered, subject to the plaintiff’s exception. The plaintiff, a common laborer, was employed by the defendant, a contractor for moving and taking down buildings and putting in foundations, to do whatever he was directed to do for the time being. Having contracted to take down some wooden buildings, the defendant set the plaintiff and other employees at work upon them. The plaintiff had never done such work before. The defendant was not present at the time the plaintiff received his…
1Opinion of the CourtChase, J.
The plaintiff’s purpose in removing the stud was to weaken the structure. He intended his act should contribute, at least, to cause the timbers to fall. It was the result of the exercise of his own judgment with a full knowledge of the facts. He must have known that it was liable to fully accomplish the object in view. The risk of injury from falling timbers was incident to his service, and must have been known to him if he exercised due care. It was assumed by him,in entering upon the service. Fifield v. Railroad, 42 N. H. 225; Nash v. Company, 62 N. H. 406; Henderson v. Williams, 66 N. H.…
2Cases cited2 opinions
- Henderson v. WilliamsSupreme Court of New Hampshire · 1890
- Nash v. Nashua Iron & Steel Co.Supreme Court of New Hampshire · 1882
3Cited by4 opinions
- Gardner v. Commercial MacHine Co.Supreme Court of New Hampshire · 1920
- Edwards v. Tilton MillsSupreme Court of New Hampshire · 1900
- Paige v. M. T. Stevens & Son's Co.Supreme Court of New Hampshire · 1922
- Sweeney v. WinebaumSupreme Court of New Hampshire · 1930