Folsom v. Concord & Montreal Railroad
Supreme Court of New Hampshire
Case, for negligently causing the death of George F. MeMurphy, the plaintiff’s intestate. Trial by jury and verdict for the plaintiff. February 13, 1891, MeMurphy, while riding in a sleigh drawn by one horse, was struck by the defendants’ locomotive engine at the Massabesic-street crossing in East Manchester, and so injured that he died. The crossing is in the compact part of the city.
Read the full summary
Case, for negligently causing the death of George F. MeMurphy, the plaintiff’s intestate. Trial by jury and verdict for the plaintiff. February 13, 1891, MeMurphy, while riding in a sleigh drawn by one horse, was struck by the defendants’ locomotive engine at the Massabesic-street crossing in East Manchester, and so injured that he died. The crossing is in the compact part of the city. At the crossing and for a long distance easterly of it both the railroad and the street run nearly east and west, making with each other at their intersection on the crossing an acute angle. Opposite the…
1Opinion of the CourtCarpenter, C. J.
The motion for a nonsuit was properly denied. The speed of the train, the failure to diminish it after McMurphy’s situation was discovered, and the absence of a flag man were evidence upon which, under proper instructions, the jury might find a want of ordinary care on the part of the defendants.
It was competent for the jury to find that McMurphy was not in fault. Without any misconduct on his part he suddeuly found himself in a situation of danger, whatever action he might take. Several alternatives were offered him. He might stop the horse, get out and take him by the bit, and abide the…
2Cases cited2 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Donnelly v. FitchMassachusetts Supreme Judicial Court · 1884
3Cited by22 opinions
- State v. WagnerSupreme Court of Iowa · 1928
- Collette v. Boston & Maine RailroadSupreme Court of New Hampshire · 1928
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
- Davis v. Boston & Maine RailroadSupreme Court of New Hampshire · 1910
- Gardner v. Commercial MacHine Co.Supreme Court of New Hampshire · 1920
17 more not listed; retrieve them via the Exa API.