Topore v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, under the federal employers’ liability act, to recover damages for injuries resulting in the death of the plaintiff's intestate, Doud Muslin. Trial by jury resulting in a disagreement. The defendant’s motions for a nonsuit and a directed verdict were denied, subject to exception, by Pike, C. J., who transferred the case from the April term, 1916, of the superior court. The facts are stated in the opinion.
1Opinion of the CourtPeaslee, J.
It appeared in evidence that the plaintiff’s decedent, Muslin, who was engaged with a boss and a fellow workman in shovelling coal forward in the tender of a locomotive engine, was ordered to jump off after the engine had started, that there was a clear space of about fourteen feet between the engine and a train of cars moving in the opposite direction at a speed of about twenty miles an hour, and that the men obeyed and both were struck by the train. The fellow workman survived, and testified that the accident happened because the impetus- given him by the moving engine and the suction of…
2Cases cited1 opinion
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
3Cited by2 opinions
- Ingalls v. Maine Central RailroadSupreme Court of New Hampshire · 1928
- Rockwell v. HustisSupreme Court of New Hampshire · 1918