Legal Opinion

Greenwood v. Boston & Maine Railroad

Supreme Court of New Hampshire

Decided June 27, 1913PublishedCited by 4 opinions

Case, for negligently causing the death of the plaintiff’s intestate, Adolphus Greenwood. Trial by jury. Transferred from the September term, 1912, of the superior court by Mitchell, J., on the plaintiff’s exception to an order of nonsuit.

1Opinion of the CourtPeaslee, J.

The plaintiff’s evidence tends to show that Greenwood was struck by moving freight cars while he was at work in the defendant’s employ clearing snow from a switch. He was aware that the cars were near him and likely to be moved, and had been told to look out for them. He was a man of considerable experience in this work and familiar with the locality. No one saw the accident, and there was no testimony as to how it happened. There was evidence that the weather was cold, windy, and somewhat stormy, and that fresh snow upon the track made the cars run with less noise than when the track was…

2Cases cited3 opinions

  1. Wright v. Boston & Maine RailroadSupreme Court of New Hampshire · 1907
  2. Parkinson v. Nashua & Lowell R. R.Supreme Court of New Hampshire · 1881
  3. Gibson v. Maine Central RailroadSupreme Court of New Hampshire · 1909

3Cited by4 opinions

  1. Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1935
  2. Hussey v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926
  3. Adams v. SeveranceSupreme Court of New Hampshire · 1945
  4. Olsen v. Boston & Maine RailroadSupreme Court of New Hampshire · 1925

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