Bennett v. Concord Woodworking Co.
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1906, of the superior-court by Wallace, C. J., on the defendants’ exceptions to the denial of motions for a nonsuit and the direction of a verdict in their favor.
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Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1906, of the superior-court by Wallace, C. J., on the defendants’ exceptions to the denial of motions for a nonsuit and the direction of a verdict in their favor. While the plaintiff was working at a bench saw in the defendants’' factory, a piece of wood called a core dropped through a hole in the floor of the room above the one in which he worked, fell upon a moving pulley, and was projected by the pulley against his. eye, causing the injury complained of.
1Opinion of the CourtYoung, J.
It is the master’s duty to use ordinary care to notify his servants of all the dangers peculiar to his premises, of which. lie lias knowledge and they are ignorant; and they assume the risk of those which they know are incident to the condition of the premises. 1 Labatt M. & S., ss. 54-66. The test, therefore, to determine whether the master is responsible for an injury caused by the condition of his premises is to inquire (1) whether the servants appreciated the risk incident to that condition; (2) if they did not, whether he appreciated it; (3) if he did appreciate the condition, whether it…
2Cases cited1 opinion
- Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
3Cited by4 opinions
- Lane v. Manchester MillsSupreme Court of New Hampshire · 1908
- Caldon v. Meredith Shook & Lumber Co.Supreme Court of New Hampshire · 1910
- Manley v. Laconia Street RailwaySupreme Court of New Hampshire · 1910
- Quimby v. ShattuckSupreme Court of New Hampshire · 1936