Legal Opinion

Sawyer v. Concord Railroad

Supreme Court of New Hampshire

Decided March 5, 1879PublishedCited by 2 opinions

Trespass, for that the plaintiff’s intestate, on the 12th day of September, 1870, being in the employment of the defendants as a brakeman upon a train of passenger cars run by the defendants carelessly and recklessly, to the imminent danger of life, limb, and property of all on board, the defendants with force and arms, and by crushing the plaintiff’s intestate between their cars, his clothing then and there worn upon his person did bespatter, injure, and destroy, and other…

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Trespass, for that the plaintiff’s intestate, on the 12th day of September, 1870, being in the employment of the defendants as a brakeman upon a train of passenger cars run by the defendants carelessly and recklessly, to the imminent danger of life, limb, and property of all on board, the defendants with force and arms, and by crushing the plaintiff’s intestate between their cars, his clothing then and there worn upon his person did bespatter, injure, and destroy, and other wrongs then and there did, against the peace, and to the damage of her intestate, and of herself as his administratrix.…

1Opinion of the CourtSmith, J.

The first question is, whether the action of trespass can be maintained. In this point of view, it is immaterial how the declaration is framed. Such acts, and such only, as are committed with violence, vi el armis, to the person, property, or relative rights of another, are, comprehended under the general division of trespass. Those wrongs alone are characterized as trespass the immediate consequences of which are injurious to the plaintiff. If the damage sustained is a remote consequence of the act, the injury falls under the denomination of trespass on the case. Hammond’s Nisi Prius 34.…

2Cases cited2 opinions

  1. Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
  2. Keegan v. . the Western R.R. Co.New York Court of Appeals · 1853

3Cited by2 opinions

  1. Stewart v. LeeSupreme Court of New Hampshire · 1899
  2. Clark v. ManchesterSupreme Court of New Hampshire · 1883

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