Deschenes v. Concord & Montreal Railroad
Supreme Court of New Hampshire
Case, by the administrator of Louis J. Larivee, who is alleged to have been killed September 18, 1894, at the overhead bridge at Robinson’s Ferry on the Concord Railroad. Larivee was in tbe employ of tbe railroad as a brakeman on a freight train, and was not quite twenty years old at the time of his death. He bad worked for the railroad about three months in tbe fall of 1893, and for about two weeks of that time had been a freight brakeman.
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Case, by the administrator of Louis J. Larivee, who is alleged to have been killed September 18, 1894, at the overhead bridge at Robinson’s Ferry on the Concord Railroad. Larivee was in tbe employ of tbe railroad as a brakeman on a freight train, and was not quite twenty years old at the time of his death. He bad worked for the railroad about three months in tbe fall of 1893, and for about two weeks of that time had been a freight brakeman. He left the road in November, 1893, and returned to work again in June, 1894, and was employed as a freight brakeman until the day of the accident. From…
1Opinion of the CourtParsons, J.
The plaintiff’s intestate, while employed as a freight brakeman by the defendants, was killed by collision with an overhead bridge. It is not contended that the danger from the bridge was unknown to or not assumed by the deceased. The claim is that the telltale or guard protecting the bridge was defective and insufficient, and that upon the evidence the danger presented by the low bridge and defective guard combined might be found by the jury to be unknown to him and not ascertainable by ordinary care. Hardy v. Railroad, 68 N. H. 523.
Underlying the question of Larivee’s knowledge, upon which…
2Cases cited12 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- United States v. RossSupreme Court of the United States · 1876
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Manning v. Insurance Co.Supreme Court of the United States · 1880
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