Hicks v. Claremont Paper Co.
Supreme Court of New Hampshire
Case, for personal injuries alleged to have been caused by the defendants’ negligence. Trial by jury and verdict for the plaintiff. Transferred from the November term, 1905, of the superior court by Chamberlin, J., upon the defendants’ exception to the denial of their motion for an order of nonsuit.
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Case, for personal injuries alleged to have been caused by the defendants’ negligence. Trial by jury and verdict for the plaintiff. Transferred from the November term, 1905, of the superior court by Chamberlin, J., upon the defendants’ exception to the denial of their motion for an order of nonsuit. The testimony tended to prove the following facts: February 20, 1905, the plaintiff was employed by the defendants as third hand for one of the paper machines in a room of their paper mill, and continued in the employment until his injury on April 30, 1905, working during the daytime and the…
1Opinion of the CourtChase, J.
This case so closely resembles O'Hare v. Cocheco Mfg. Co., 71 N. H. 104, that it must result as that case resulted. In this, as in that case, the only negligence with which the defendants are charged is their failure to warn the plaintiff of the dan gers incident to his service. As in that case, so in this, the dangers were obvious; and if the plaintiff did not know of and appreciate them, the fact was due to his want of ordinary care.
The plaintiff was a man of mature age and average intelligence. He had worked about the machine which caused his injury ten weeks. Although his duties did not…
2Cases cited1 opinion
- O'Hare v. Cocheco Manufacturing Co.Supreme Court of New Hampshire · 1901
3Cited by10 opinions
- Cronin v. Columbian Manufacturing Co.Supreme Court of New Hampshire · 1909
- Derringer ex rel. Derringer v. TatleyNorth Dakota Supreme Court · 1916
- Zajac v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1924
- Paige v. M. T. Stevens & Son's Co.Supreme Court of New Hampshire · 1922
- Proulx v. GoodrichSupreme Court of New Hampshire · 1914
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