(Download) "Edmond Neault v. Parker-Young Company" by Supreme Court of New Hampshire # eBook PDF Kindle ePub Free
eBook details
- Title: Edmond Neault v. Parker-Young Company
- Author : Supreme Court of New Hampshire
- Release Date : January 02, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The trial court had before it the inquiry how long the plaintiff would be disabled. By the act payments are to continue for three hundred weeks ""if total or partial disability continues during such period"" (s. 24), and upon a petition the award is to be a lump sum for the accrued and prospective weekly payments (s. 27). The plaintiff's position that he is not required to act reasonably in effort to overcome his disability, is untenable. Reasonable conduct being that ordinarily exercised by men in general, all persons who are hurt are expected to take proper care of themselves. If they fail to do so, the consequences are their own affair. If the injury is thereby aggravated or prolonged, this is not an outcome of its cause, but a distinct matter due to their own conduct. ""The test is not his [the workman's] willingness to submit to operation, but his right to guard life and limb from unreasonable peril."" Snook's Case, 264 Mass. 92. While it is often said that one owes himself the duty of taking proper care for his safety and well-being, this is strictly correct only in a moral sense. Duties in the law are obligations to the public or individuals, who have correlative rights. One is guilty of no legal wrong when his negligence hurts only himself. No rights of others are thereby violated and no one may sue him for any breach of duty. He may not recover from others for the consequences of such negligence because they have not injured him. It is not because he has done any wrong but because he has brought harm on himself, that its burden is left with him. The legal principle that one may not recover for the consequences of his own inattention or imprudence applies to the care of physical troubles as well as to their origin. Under legal causation, aggravation or extension of a trouble due to one's own negligence is a self-imposed matter to be regarded as a separate and independent injury.
 "Edmond Neault v. Parker-Young Company" by Supreme Court of New Hampshire # eBook PDF Kindle ePub Free){kind=link}