Legal Opinion

Crowther v. White Mountain Freezer Co.

Supreme Court of New Hampshire

Decided June 29, 1918PublishedCited by 2 opinions

Case, for negligence brought under the employers’ liability and workmen’s compensation act (Laws 1911, c. 163), to recover damages for injuries received while splitting blocks with a saw in the defendants’ mill. The defendants had not accepted the provisions of the act. Trial by jury and verdict for the plaintiff. The jury took a view of the sawing-machine on which the plaintiff was injured.

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Case, for negligence brought under the employers’ liability and workmen’s compensation act (Laws 1911, c. 163), to recover damages for injuries received while splitting blocks with a saw in the defendants’ mill. The defendants had not accepted the provisions of the act. Trial by jury and verdict for the plaintiff. The jury took a view of the sawing-machine on which the plaintiff was injured. The plaintiff’s claim is based upon lack of proper instructions, and that the sawing-machine upon which he worked was defective. The defendants excepted to the submission to the jury of the latter…

1Opinion of the CourtPlummer, J.

The defendants’ exceptions to the action of the court, in submitting to the jury the issue as to whether the sawing-machine was defective, and to the charge of the court relating thereto, raise the questions for determination whether there was any evidence upon which the jury could find that the machine was defective, and, if so, did that defect cause or contribute to cause the accident.

It is claimed by the plaintiff that the saw-arbor of the sawing-machine, at the time of the accident was so loose in its bearings, that the saw did not run true and even, but wabbled to such an extent as to…

2Cases cited5 opinions

  1. Lyman v. Boston & Maine RailroadSupreme Court of New Hampshire · 1890
  2. Whitcher v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
  3. Parsons v. WentworthSupreme Court of New Hampshire · 1904
  4. Proctor v. BlanchardSupreme Court of New Hampshire · 1909
  5. Bunker v. Manchester Real Estate & Manufacturing Co.Supreme Court of New Hampshire · 1908

3Cited by2 opinions

  1. Reynolds v. Maine Manufacturing Co.Supreme Court of New Hampshire · 1925
  2. Tetreault v. GouldSupreme Court of New Hampshire · 1927

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