75 N.H. 586
71 A 379
Supreme Court of New Hampshire
Decided November 4, 1908
Supreme Court of New Hampshire · decided 1908-11-04
Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1907, of the superior court by Pike, J., upon the defendants’ exceptions to the denial of their motions for a nonsuit and the direction of a verdict in their favor.
Cited by 2 later decisions — most recently February 1921
2 federal appellate ·
Relies on Bennett v. Warren
Good law ✅— No negative treatment on recordhow we know
Decided 1908-11-04
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¶1 The case is not distinguishable in principle from Bennett v. Warren, 70 N. H. 564. The plaintiff was inexperienced, did not know of the concealed danger, and was in the performance of what he reasonably thought to be a part of his duty. It might well be found that it was negligence to set a child at this work without any instruction or warning. The motions for non-suit and that a verdict be directed for the defendants were properly denied.
¶2 Exceptions overruled.