Driscoll v. Rolfe

Supreme Court of New Hampshire

Driscoll v. Rolfe

71 A. 379, 75 N.H. 586, 1908 N.H. LEXIS 64

CourtSupreme Court of New Hampshire

DecidedNovember 4, 1908

StatusPublished

Cited by2 cases

This text of 71 A. 379 (Driscoll v. Rolfe) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Driscoll v. Rolfe, 71 A. 379, 75 N.H. 586, 1908 N.H. LEXIS 64 (N.H. 1908).

Pincite

Opinion

Peaslee, J.

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.

Exceptions overruled.

All concurred.

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Peaslee, J.

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.

Exceptions overruled.

All concurred.

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Bluebook (online)

71 A. 379, 75 N.H. 586, 1908 N.H. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/driscoll-v-rolfe-nh-1908.

Opinion

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