Myers v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for personal injuries. Transferred from the April term, 1902, of the superior court by Peaslee, J. The evidence showed that the plaintiff was run over by an engine while he was upon the defendants’ track at West Lebanon. He was not there on business with the defendants, but for his own convenience. At the close of the plaintiff’s evidence a nonsuit was ordered, subject to exception.
1Opinion of the CourtBingham, J.
Notwithstanding the plaintiff was a trespasser upon the defendants’ premises at the time he received his injury, it was the duty of the defendants - in the exercise of ordinary care to avoid injuring him through their active intervention, if they knew of his presence in a dangerous situation, or if their failure to learn of it was due to their culpable ignorance. In other words, they were in fault if they failed to use due care to discover his presence in a position of danger when circumstances existed which would put a man of average prudence upon inquiry. Mitchell v. Railroad, 68 N. H. 96;…
2Cases cited4 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Waldron v. Boston & Maine RailroadSupreme Court of New Hampshire · 1902
- Shea v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1898
- Davis v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
3Cited by9 opinions
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1935
- Minot v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905
- Brown v. Boston & Maine RailroadSupreme Court of New Hampshire · 1906
- Crosman v. Southern Pacific Co.Nevada Supreme Court · 1918
- Hobbs v. George W. Blanchard & Sons Co.Supreme Court of New Hampshire · 1906
4 more not listed; retrieve them via the Exa API.