Nickerson v. Laconia Hospital Ass'n
Nickerson v. Laconia Hospital Ass'n
Opinion of the Court
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
However, this is not enough to warrant the verdict since the plaintiff must also show that the defendant not only should have but actually did know that the danger which caused the plaintiff’s injury existed. Sandwell v. Hospital, 92 N. H. 41; Restatement, Torts, s. 842. There was testimony from the defendant’s employees that having found the hooks became loose they realized there was danger and tested them as often as once a week to be sure they were secure. Three out of four hooks originally screwed into the wooden plugs had become loose and had been replaced before this accident occurred. The defendant admittedly knew that the hooks in the wooden plugs became loose, that this was dangerous and that no one could tell when it might happen. It was therefore findable that the defendant was aware of the peril and that the plaintiff was justifiably ignorant of it. The fact that the defendant could not anticipate the instant when or the exact manner in which the peril would become operative cannot excuse it. Kenney v. Wong Len, 81 N. H. 427, 428, 429; Bouley v. Company, 90 N. H. 402.
The only other exceptions meriting discussion are to evidence of the replacement of the wooden plugs before the accident by lead which was the “general procedure” and also of a device known as a spreader for holding the hooks firm. This evidence was limited by the Court to its bearing on the defendant’s due care and was admissible to show its awareness before the accident of the dangers of wooden plugs and also that there were other safer and commonly used methods available. Hood v. Nashua, 91 N. H. 98. It follows the order must be
Judgment on the verdict.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.