Minot v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligently causing the death of the plaintiff’s intestate, Catherine Fitzgerald. Trial by jury and verdict for the plaintiff. The action has been before the court upon a former transfer.
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Case, for negligently causing the death of the plaintiff’s intestate, Catherine Fitzgerald. Trial by jury and verdict for the plaintiff. The action has been before the court upon a former transfer. See 73 N. H. 317. Transferred from the October term, 1906, of the superior court by Pike, J. The decedent, a woman sixty-three years old and in full possession of her faculties, was run over and killed about one o’clock in the afternoon of August 7, 1902’, while crossing the tracks in the’ defendants’ yard at Cherry Mountain, by a train which was backing over a siding. The passenger station at…
1Opinion of the CourtChase, J.
The defendants, in their argument in support of the exception to the denial of their motion for an order directing .a verdict in their favor, place much reliance upon the character and weight, as testimony, of the orders, train sheets, and records putin evidence by them, relating to the movements of the locomotive of the Jefferson Hill train. They say that this testimony demonstrates the falsity of the plaintiff’s testimony relating to the customary movements and location of the train during the afternoon hours, and consequently the falsity of the proposition that the decedent was exercising…
2Cases cited12 opinions
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Deschenes v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1897
- McGill v. Maine & New Hampshire Granite Co.Supreme Court of New Hampshire · 1899
- Minot v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905
- Boston & Maine Railroad v. SargentSupreme Court of New Hampshire · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Piper v. Boston & Maine RailroadSupreme Court of New Hampshire · 1909
- Cassidy v. Atlantic Corp.Supreme Court of New Hampshire · 1920
- Martel v. White MillsSupreme Court of New Hampshire · 1920
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1937
- Blood v. New BostonSupreme Court of New Hampshire · 1915
3 more not listed; retrieve them via the Exa API.