George v. Morse & Malloy Shoe Co.

Supreme Court of New Hampshire January 2, 1934

George v. Morse & Malloy Shoe Co., 170 A. 776 (N.H. 1934)

86 N.H. 596; 1934 N.H. LEXIS 104

Peaslee, Branch, Woodbury

Concurring Opinion

Woodbury, J.

I concur in the result upon the ground that the injury was foreseen, anticipated and not accidental. In so far as the doctrine upon which this case is disposed of is concerned I dissent for the reasons set forth in the dissenting opinion in Thomson v. Company.

Opinion of the Court

Peaslee, C. J.

The case is governed by Thomson v. Company, ante, 436, decided this day.

In so far as the facts differ from those in the earlier case, they are not more favorable to the plaintiff.

Exception overruled.

Branch, J., did not sit: Woodbury, J., concurred in the result: the others concurred.

Reference

Full Case Name: Joseph George v. Morse & Malloy Shoe Company
Status: Published