Lyman v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligently causing the death of Charles W. Eastman, by running upon him with a locomotive engine at a farm crossing on his land in Exeter, July 18, 1888. The jury had a view'of the place and its approaches.
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Case, for negligently causing the death of Charles W. Eastman, by running upon him with a locomotive engine at a farm crossing on his land in Exeter, July 18, 1888. The jury had a view'of the place and its approaches. The plaintiff’s evidence tended to prove that the morning before the accident Eastman, in going over the crossing to his meadow on his mowing machine, stopped and looked both ways before passing the crossing; that in the afternoon of the same day, in going over the crossing from his house to the meadow, riding on a horse-rake, he was struck by a wild engine going towards Boston,…
1Opinion of the CourtBlodgett, J.
Upon a motion for a nonsuit, the court is bound to give the most favorable construction for the plaintiff (Imhoff v. Railroad, 22 Wis. 684) : it must be assumed that the truth of his evidence was conceded — Bullard v. Railroad, 64 N. H. 30, and authorities generally. It is therefore to be taken as proved in this case, among other things, that the deceased was struck and killed on his farm crossing by the defendants’ wild engine on the day alleged; that just before reaching the crossing the railroad track passes through a cut, and there is also a curve in the track ; that the engine was…
2Cases cited22 opinions
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Pennsylvania Co. v. StegemeierIndiana Supreme Court · 1889
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3Cited by26 opinions
- Lunde v. Cudahy Packing Co.Supreme Court of Iowa · 1908
- Ries v. Cheyenne Cab & Transfer Co.Wyoming Supreme Court · 1938
- Brown v. West Riverside Coal Co.Supreme Court of Iowa · 1909
- Whitcher v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
- Foster v. Southern Railway Co.Court of Appeals of Georgia · 1931
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