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GUITARINI v. MACALLEN COMPANY

No. 4150.

98 N.H. 118 (1953)

LOUIS GUITARINI & a. v. THE MACALLEN COMPANY.

Supreme Court of New Hampshire.

April 7, 1953.

Attorney(s) appearing for the Case

Henry M. Fuller (by brief and orally), for the plaintiffs.

Richard E. Shute (by brief and orally), for the defendant.

GOODNOW, J.

Claims for negligence rest primarily upon a violation of some duty owed by the offender to the injured party. Duncan v. Company, 91 N.H. 349, 350. "If there is no duty there is no negligence." Stevens v. Manchester, 81 N.H. 369. The sole question presented here is whether one who undertakes to employ an independent contractor owes a duty, to such persons as may thereafter furnish labor and materials on the order of the contractor...

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