Gahagan v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence. The plaintiff was struck and injured by a train consisting of a locomotive with six freight cars attached, while he was attempting to cross the tracks in the railroad yard at Somersworth. The place of accident was not a highway, but was a crossing provided by the defendants for the use of pedestrians having business with the Great Falls Manufacturing Company, and was known as the counting-room crossing.
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Case, for negligence. The plaintiff was struck and injured by a train consisting of a locomotive with six freight cars attached, while he was attempting to cross the tracks in the railroad yard at Somersworth. The place of accident was not a highway, but was a crossing provided by the defendants for the use of pedestrians having business with the Great Falls Manufacturing Company, and was known as the counting-room crossing. In going to the counting-room, the crossing was reached by some steps descending’ from Main street. From the foot of the steps, which point is twenty-two feet from the…
1Opinion of the CourtParsons, J.
The crossing- upon which the plaintiff was injured was not a public highway, but was maintained by the defendants for the use which the plaintiff was attempting to make of it. He had the right to cross upon it. The defendants had also the right to use it for the passage of their trains. As each could not exercise the common right to the use of the crossing at the same moment of time without serious injury to one or both as the inevitable result, each party was bound to exercise care to prevent such attempt at the simultaneous exercise of their common aiglit. As the right to the use was equal,…
2Cases cited15 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
10 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Green v. Los Angeles Terminal Railway Co.California Supreme Court · 1904
- Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Sherlock v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1912
- Cronin v. Columbian Manufacturing Co.Supreme Court of New Hampshire · 1909
- Morrison v. Boston & Maine RailroadSupreme Court of New Hampshire · 1933
38 more not listed; retrieve them via the Exa API.