Parmaleau v. International Paper Co.
Supreme Court of New Hampshire
Case, for negligence. Transferred from the September term, 1907, of the superior court by Pike, J., on the plaintiff’s exception to an order of nonsuit. The plaintiff’s evidence tended to support the following facts: The plaintiff was employed by the defendants, and his work required him to unload pulp-wood from ears which had been switched onto a track running into one of the mills.
Read the full summary
Case, for negligence. Transferred from the September term, 1907, of the superior court by Pike, J., on the plaintiff’s exception to an order of nonsuit. The plaintiff’s evidence tended to support the following facts: The plaintiff was employed by the defendants, and his work required him to unload pulp-wood from ears which had been switched onto a track running into one of the mills. He had been employed in this way for about three months, the business requiring the unloading of some fifteen cars each day. The loaded cars were left on the track some "distance above the mill, and it was the…
1Opinion of the CourtWalker, J.
There is nothing in the evidence warranting the inference that the brake was improperly constructed, or that its defective condition had existed for such a length of time that the defendant is chargeable with knowledge that it was out of repair and would not work. If it was the defendant’s duty to furnish reasonably safe appliances for controling the movement of the cars, and to repair defects in the brakes discoverable upon reasonable inspection, the evidence is not sufficient to authorize a finding that it did not perform its duty in these respects. St. Pierre v. Foster, 74 N. H. 4;…
2Cases cited4 opinions
- Collins v. Laconia Car Co.Supreme Court of New Hampshire · 1894
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905
- Klineintie v. Nashua Manufacturing Co.Supreme Court of New Hampshire · 1907
- St. Pierre v. FosterSupreme Court of New Hampshire · 1906
3Cited by4 opinions
- Dervin v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1923
- Jutras v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1929
- Deshaies v. Raymond Concrete Pile Co.Supreme Court of New Hampshire · 1922
- Hook v. Consolidation Coal Co.Supreme Court of New Hampshire · 1925