Allen v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for damages occasioned to the plaintiff, while in the defendants' employ as a brakeman, by a collision with an overhead highway bridge in Massachusetts. At the close of the evidence upon a trial by jury, a verdict in favor of the defendants was ordered, subject to the plaintiff’s exception.
1Opinion of the CourtChase, J.
The Massachusetts decisions upon the question before the court are the same in effect as those of this state, namely, that a servant assumes the perils incident to' his service, of which he is informed or which ordinary care would disclose to him. Lovejoy v. Railroad, 125 Mass. 79, 82; Goodnow v. Mills, 146 Mass. 261, 267; Scanlon v. Railroad, 147 Mass. 484, 487; Myers v. Company, 150 Mass. 125, 134; Lothrop v. Railroad, 150 Mass. 423, 424; Gleason v. Railroad, 159 Mass. 68; Goldthwait v. Railway, 160 Mass. 554; Goodes v. Railroad, 162 Mass. 287; Fifield v. Railroad, 42 N. H. 225, 240;…
2Cases cited9 opinions
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Lovejoy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
- Goldthwait v. Haverhill & Groveland Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Goodes v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1894
- Lothrop v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1890
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3Cited by5 opinions
- Whitcher v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
- Cassidy v. Atlantic Corp.Supreme Court of New Hampshire · 1920
- Paige v. M. T. Stevens & Son's Co.Supreme Court of New Hampshire · 1922
- Miller v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905