Evans v. Concord Railroad
Supreme Court of New Hampshire
Case, for carelessly causing the death of the plaintiff’s intestate by running upon her with a locomotive and train of cars at a high-, way crossingin Epping, April 23, 1888. At the close of the plaintiff’s evidence a nonsuit was ordered on motion of the defendants, and the plaintiff excepted. The plaintiff’s evidence was reported in full,.and appears sufficiently in the opinion of the court.
1Opinion of the CourtSmith, J.
There was competent evidence for the jury upon the question of due care on the part of the plaintiff’s intestate. Her fear of the crossing, her habit of waiting for trains to pass before leaving home, the facts that she had a safe horse, that the train was a special one run near the time of a regular train, that she had her watch with her, that she stopped at the foot of the rise, that the view was to some extent obstructed, that the warning signal was not given as required by statute, and the fact that she regarded the crossing as a place of danger, were facts from which it was competent for…
2Cases cited3 opinions
- Nutter v. Boston & Maine RailroadSupreme Court of New Hampshire · 1881
- Clark v. Boston & Maine RailroadSupreme Court of New Hampshire · 1887
- State v. Boston & Maine RailroadSupreme Court of New Hampshire · 1878
3Cited by7 opinions
- Gray v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1909
- Wilkinson v. Oregon Short Line RailroadUtah Supreme Court · 1909
- Nadeau v. SawyerSupreme Court of New Hampshire · 1904
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
- Dombrenos v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
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