Stearns v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligently causing death. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1906, of the superior court by Wallace, C. J. The plaintiff’s evidence tended to prove the following facts: The defendants’ tracks at South Danbury run nearly north and south.
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Case, for negligently causing death. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1906, of the superior court by Wallace, C. J. The plaintiff’s evidence tended to prove the following facts: The defendants’ tracks at South Danbury run nearly north and south. A station and milk platform, situated on the west side of the tracks, are reached by a private way which the railroad has provided over its land for the use of patrons, and which furnishes a means of access to the station from the main street of the village, which is located about ten rods east of the…
1Opinion of the CourtParsons, C. J.
Steams, the plaintiff’s intestate, was killed by a collision between the team which he was driving and the defendants’ train, upon a crossing provided by them for his use. He drove upon the crossing knowing that a train was approaching. Does this fact, with the subsequent collision, conclusively establish that his attempt to cross was negligent? The contrary was held in Davis v. Railroad, 68 N. H. 247, and Folsom v. Railroad, 68 N. H. 454.
The conduct of the parties resulting in injury to one of them is to be judged, not by the fact that injury has resulted from the course pursued, but in the…
2Cases cited2 opinions
- State ex rel. Harvey v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1888
- State v. Maine Central RailroadSupreme Judicial Court of Maine · 1884
3Cited by8 opinions
- Peyla v. Duluth, Missabe Iron Range Railroad Co.Supreme Court of Minnesota · 1944
- Dombrenos v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
- Johnson v. Director-General of RailroadsSupreme Court of New Hampshire · 1924
- Bonnin v. Boston & Maine RailroadSupreme Court of New Hampshire · 1915
- Fuller v. Maine Central RailroadSupreme Court of New Hampshire · 1917
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