McGill v. Maine & New Hampshire Granite Co.
Supreme Court of New Hampshire
Case, for negligence resulting in the death of the plaintiff’s intestate, James McGill, while in the employ of the defendants. Trial by jury and verdict for the plaintiff. The evidence tended to show the folio-wing facts : The deceased had been in the defendants’ employ for about twelve years, and at the time of his death had charge of their granite shed and yard, being foreman of that part of their works.
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Case, for negligence resulting in the death of the plaintiff’s intestate, James McGill, while in the employ of the defendants. Trial by jury and verdict for the plaintiff. The evidence tended to show the folio-wing facts : The deceased had been in the defendants’ employ for about twelve years, and at the time of his death had charge of their granite shed and yard, being foreman of that part of their works. This shed and yard were on a siding of the Maine Central Railroad, which extended in an easterly direction from the main line through the defendants’ premises a distance of about 1,000…
1Opinion of the CourtParsons, J.
The jury were instructed that the defendants were bound to exercise reasonable care to ascertain by proper inspection or examination that the cars were safe for the use which the defendants required their employees to make of them. To this instruction the defendants excepted, and requested an instruction that a shipper is not responsible for the construction of a ear received from a railroad company in the ordinary course of business, unless there is a plain defect that could be discovered by reasonable diligence. The question, if raised by the foregoing, whether the rule applicable to…
2Cases cited6 opinions
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. AdamsIndiana Supreme Court · 1886
- Mellor v. Merchants' Manufacturing Co.Massachusetts Supreme Judicial Court · 1890
- Spaulding v. W. N. Flynt Granite Co.Massachusetts Supreme Judicial Court · 1893
- Church v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1892
- Evarts v. St. Paul, Minneapolis & Manitoba Ry. Co.Supreme Court of Minnesota · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Haskell & Barker Car Co. v. PrzezdziankowskiIndiana Supreme Court · 1908
- Collette v. Boston & Maine RailroadSupreme Court of New Hampshire · 1928
- Ela v. Postal Telegraph Cable Co.Supreme Court of New Hampshire · 1901
- Bogdon v. Los Angeles & S. L. R.Utah Supreme Court · 1922
17 more not listed; retrieve them via the Exa API.