Bassett v. Dodge
| Decision Date | 06 April 1915 |
| Citation | 93 A. 967,77 N.H. 602 |
| Parties | BASSETT v. DODGE et al. |
| Court | New Hampshire Supreme Court |
Transferred from Superior Court, Hillsborough County.
Action by William Bassett, Jr., against Clarence H. Dodge and others. From denial of defendants' motions for nonsuit and a directed verdict, they except. Exceptions overruled.
The defendants drilled a shallow hole in a stone, which was located a few yards from an old mill, loaded it with dynamite, and exploded the charge with a fuse. The force of the explosion threw the fuse upon the roof of the mill, and the fire which resulted was communicated to the plaintiff's property.
Taggart, Burroughs, Wyman & McLane, of Manchester, for plaintiff. Branch & Branch. of Manchester, and Nathaniel E. Martin, of Concord, for defendants.
The evidence that it is not uncommon for such a blast to throw the fuse as far as this one was thrown, or for the fuse to contain fire, and that it sometimes contains fire enough to ignite inflammable materials, warrants the finding that the defendants ought to have known that, if they exploded the blast at the time and in the way they did, they might set the mill on fire. Therefore the question whether they were in fault depends upon whether the ordinary man would have exploded such a blast, in such a place, in such a way, on such a day, without doing anything whatever to protect the plaintiff's buildings; and that was for the jury.
Exceptions overruled.
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Kenney v. Len
...such as Fisher v. Railroad, 75 N. H. 184. 72 A. 212, Blaisdell v. Paper Co., 75 N. H. 497, 77 A. 485, 139 Am. St. Rep. 735, Bassett v. Dodge, 77 N. H. 602, 93 A. 967, True v. Creamery, 72 N. H. 154, 55 A. 893, and ESla v. Cable Co., 71 N. H. 1, 51 A. 281, such evidence Whether there was evi......
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Crocker v. W. W. Wyman, Inc.
...A.2d 802, 20 A.L.R.2d 1360. No cases directly in point in this jurisdiction have been found or called to our attention. In Bassett v. Dodge, 77 N.H. 602, 93 A. 967, the defendant's motion for a nonsuit was held to have been properly denied in an action to recover for the negligent burning o......
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