Lord v. Manchester Street Railway
Supreme Court of New Hampshire
Case, for negligently causing tlie death of Matilda Ouillette, the plaintiff’s intestate. Trial by jury and verdict for the plaintiff. Transferred from tlie January term, 1907, of the superior court by Pike, J. The plaintiff’s evidence tended to prove the following facts: On September 28, 1905, Mrs. Ouillette was a passenger on one of tlie defendants’ open cars, and was seated nearly over and a few feet from tlie fuse-box.
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Case, for negligently causing tlie death of Matilda Ouillette, the plaintiff’s intestate. Trial by jury and verdict for the plaintiff. Transferred from tlie January term, 1907, of the superior court by Pike, J. The plaintiff’s evidence tended to prove the following facts: On September 28, 1905, Mrs. Ouillette was a passenger on one of tlie defendants’ open cars, and was seated nearly over and a few feet from tlie fuse-box. Daring her journey the fuse burned out witli a loud report, and a sheet of flame, which streamed several feet above the floor of tlie car, seemed about to envelop her. All…
1Opinion of the CourtYoung, J.
1. As it is common knowledge that all mechanical devices wear out, it cannot be said as matter of law that a fuse is not more likely to burn out in an old electrical appliance than in a new one. Hence there is no presumption that the defendants were prejudiced by the statement of the plaintiff’s counsel, to the effect that they were in fault for using an old car, knowing that its electrical equipment would deteriorate with age. In the absence of evidence that electrical equipment is excepted from the general rule as to the effect of long continued use upon mechanical appliances, the statement…
2Cases cited3 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Hersey v. HutchinsSupreme Court of New Hampshire · 1899
- Meloon v. ReadSupreme Court of New Hampshire · 1905
3Cited by6 opinions
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1935
- Morris v. Boston & Maine RailroadSupreme Court of New Hampshire · 1931
- Sanders v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Osgood v. MaxwellSupreme Court of New Hampshire · 1915
- Martel v. White MillsSupreme Court of New Hampshire · 1920
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