Lewis v. Eastern Railroad
Supreme Court of New Hampshire
Case, for injuries from the plaintiff’s horse becoming frightened by the escape of steam from the defendants’ locomotive standing on the railroad track near a highway crossing in Portsmouth. Subject to exception, the plaintiff introduced evidence that horses of other persons had been frightened by locomotives and cars passing near the place of the injury.
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Case, for injuries from the plaintiff’s horse becoming frightened by the escape of steam from the defendants’ locomotive standing on the railroad track near a highway crossing in Portsmouth. Subject to exception, the plaintiff introduced evidence that horses of other persons had been frightened by locomotives and cars passing near the place of the injury. The court instructed the jury, that if there was no fault in the management of the engine on the occasion of the injury, but it was dangerous for the plaintiff to pass, at the time, in consequence of the proximity of the engine to the…
1Opinion of the CourtAllen, J.
The evidence excepted to was, that horses of third persons had been frightened by the defendants’ locomotives and cars at the place of the accident, without other evidence of the defendants’ negligence at the time. The particular negligence alleged and relied on by the plaintiff, in this case, was the defendants’ permitting steam to suddenly escape from a locomotive standing near the crossing, whereby the plaintiff’s horse was frightened and an injury respited.
Evidence that other horses, driven by other persons at other times, had been frightened by the same or a similar object, or by a sound…
2Cases cited1 opinion
- Norton v. Eastern RailroadMassachusetts Supreme Judicial Court · 1873
3Cited by3 opinions
- Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Proctor v. White Mountain Freezer Co.Supreme Court of New Hampshire · 1899
- Walker v. Boston & Maine RailroadSupreme Court of New Hampshire · 1887