Legal Opinion

Galvin v. Pierce

Supreme Court of New Hampshire

Decided April 7, 1903PublishedCited by 10 opinions

Case, for negligence. Transferred from the April term, 1902, of the superior court by Pike, J. The plaintiff’s evidence tended to prove the following facts: The plaintiff, a man twenty-nine years of age, was in the service of the defendant at the time of the injury complained of, and had been employed in the same labor between seven and eight months. His work was excavating earth and stone.

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Case, for negligence. Transferred from the April term, 1902, of the superior court by Pike, J. The plaintiff’s evidence tended to prove the following facts: The plaintiff, a man twenty-nine years of age, was in the service of the defendant at the time of the injury complained of, and had been employed in the same labor between seven and eight months. His work was excavating earth and stone. His duty was to dig around rocks that were to be taken out and to attach chains thereto, so that they could be hoisted by a steam crane to a car upon which they were removed from the place. The defendant…

1Opinion of the CourtParsons, C. J.

The plaintiff’s duty was “ to dig around rocks that were to be taken out and to attach chains thereto, so that they could be hoisted by a steam crane.” Rombeau had charge of the defendant’s work as boss, “ which included . . . the operation of the crane.” At the time of the accident the plaintiff’s duty had been performed; he had attached the chain. Rombeau was in the execution of his — the operation of the crane. The stone had been pulled out, and lowered to stop its swinging. The next operation in Rombeáu’s work was the raising of the stone. “ The plaintiff then told Rombeau that the chain…

2Cases cited3 opinions

  1. McKinnon v. NorcrossMassachusetts Supreme Judicial Court · 1889
  2. Hankins v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1894
  3. Moody v. Hamilton Manufacturing Co.Massachusetts Supreme Judicial Court · 1893

3Cited by10 opinions

  1. Liberty Mutual Insurance v. Home Insurance Indemnity Co.Supreme Court of New Hampshire · 1976
  2. Hamel v. Newmarket Manufacturing Co.Supreme Court of New Hampshire · 1905
  3. Dervin v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1923
  4. Tilley v. Rockingham County Light & Power Co.Supreme Court of New Hampshire · 1907
  5. Frame v. HoustonSupreme Court of New Hampshire · 1917

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