Benson v. N.Y., N.H. H.R.R. Company

(1) Blodgett, J..

Conceding it to 'be established by a preponderance of evidence that cars of the- type of car number 11,487 were not in common use, it is, nevertheless, undisputed that the running-board on car number 12,525 was in proper condition, and that, if the plaintiff had used-it in passing to car number 11,487, the accident could not have happened. Indeed, this ground of liability -was considered and ■ disposed of when this case was before- the court in 23 R. I. at p. 157, the court saying:- “When the plaintiff was advised by his experience of the great diversity existing in the…