Leparge v. Berlin Mills Co.

• Decision Date: 26 July 1895
• Citation: Leparge v. Berlin Mills Co., 44 A. 533, 68 N.H. 373 (N.H. 1895)
• Parties: LEPARGE v. BERLIN MILLS CO.
• Court: New Hampshire Supreme Court

44 A. 533

68 N.H. 373

LEPARGE

v. BERLIN MILLS CO.

Supreme Court of New Hampshire. Coos.

July 26, 1895.

Exceptions from Coos county.

Action by Nelson Leparge against the Berlin Mills Company for personal injuries.There was an order of nonsuit, and plaintiff excepts.Exceptions overruled.

Case for personal injuries received by the plaintiff while in the employ of the defendant by the falling upon him of a piece of blocking timber.At the time of the accident the plaintiff was at work upon a wooden tank located in the basement of the defendant's mill, then in process of building, upon which a large number of workmen were employed under the superintendence of one Norcross.The blocking in question was laid along and upon the south sill of the mill, and upon the blocking there was a temporary plank flooring, extending northerly some 20 feet, and constituting a staging which was adequate for the purposes for which it was intended and had been used.The blocking was not nailed or otherwise fastened to the sill.While the flooring was being removed by some of the workmen, the blocking was drawn or caused to fall off the sill upon the plaintiff, who was thereby injured.The staging was put up and taken down by order of the superintendent.

Twitchell & Libby, for plaintiff.

Drew, Jordan & Buckley and Robert N. Chamberlin, for defendant.

WALLACE, J.The question whether the nonsuit was properly ordered depends upon "not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it."Paine v. Railway Co., 58 N.H. 611, 614;Jaques v. Manufacturing Co., 66 N.H. 482, 22 Atl. 552.The staging was properly constructed.It was adequate for the purposes for which it was used and intended.The safety of the structure for its actual and intended uses did not require that the...