Day v. Boston & Maine Railroad
Supreme Judicial Court of Maine
Exceptions by plaintiff. Overruled. Upon a second trial of this case granted by the court, as reported in 96 Maine, 207, the presiding justice ordered a verdict for the defendant. Tlie parties agreed that if a verdict in favor of the plaintiff would have been authorized by the evidence, judgment should be rendered for the plaintiff for such sum as the law court believe the plaintiff was entitled to. The case is stated in the opinion.
1Opinion of the CourtWiiitehouse, J.
This action is founded on the statute of 1891 giving a right of action for injuries causing death, and is brought against the defendant company to recover damages for negligently causing the death of the plaintiff’s intestate, Edwin Day, at the Junkins railroad crossing in North Berwick on the 21st day of July, 1899. The former trial of the action at the September term of court, 1900, resulted in a verdict of $4,000 in favor of the plaintiff. This verdict was set aside by the law court for reasons clearly and sufficiently stated in the opinion of the court, 96 Maine, 207. The cause came on…
2Cases cited3 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
3Cited by4 opinions
- Field v. WebberSupreme Judicial Court of Maine · 1933
- Giguere v. MorrisetteSupreme Judicial Court of Maine · 1946
- Ward v. Cumberland County Power & Light Co.Supreme Judicial Court of Maine · 1936
- Daigle v. PelletierSupreme Judicial Court of Maine · 1943