[Download] "Richard Nickerson v. Laconia Hospital" by Supreme Court of New Hampshire " Book PDF Kindle ePub Free
eBook details
- Title: Richard Nickerson v. Laconia Hospital
- Author : Supreme Court of New Hampshire
- Release Date : January 06, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The main questions are first, was the defendant association negligent in maintaining a known dangerous condition without warning
the plaintiff, and second was the plaintiff justifiably ignorant of it. In our opinion the answer to both of these questions
is yes. The plaintiff's expert testified that wooden plugs, due to moisture and compression from the pressure of the screw within
and of the wall without, lose their elasticity and tend to become loose within a year or two so that the hooks pull out. This
is what happened and within the two years prior to the accident all the hooks except the one holding the chain which gave
way with the plaintiff became loose and the wooden plugs were replaced with lead. This the defendant knew was generally used
and was safer than wood. The defendant also knew that many people waited on the porch, particularly in summer and there was
testimony that the defendant knew that children played about the porch and that if anyone put weight on a chain a loose hook
might come out. It seems reasonably expectable that someone whiling away this tedious waiting might lean against these massive
chains. Under all the circumstances the defendant's negligence in maintaining this arrangement was for the jury.