Legal Opinion

Currier v. Boston & Maine Railroad

Supreme Court of New Hampshire

Decided April 4, 1916PublishedCited by 4 opinions

Case, for negligence, to recover for the death of the plaintiff’s intestate, John E. Currier, a passenger upon the defendants’ road. At the close of the plaintiff’s evidence the defendants’ motions for a nonsuit and verdict were denied subject to exception. The case was thereupon submitted to a jury which failed to agree. The defendants’ bill of exceptions was then allowed by Chamberlin, J., at the September term, 1914, of the superior court.

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Case, for negligence, to recover for the death of the plaintiff’s intestate, John E. Currier, a passenger upon the defendants’ road. At the close of the plaintiff’s evidence the defendants’ motions for a nonsuit and verdict were denied subject to exception. The case was thereupon submitted to a jury which failed to agree. The defendants’ bill of exceptions was then allowed by Chamberlin, J., at the September term, 1914, of the superior court. The plaintiff’s evidence tended to show that the deceased went to the defendants’ station in Boston, December 14, 1911, for-the purpose of taking the…

1Opinion of the CourtParsons, C. J.

The plaintiff’s position is that the deceased, John E. Currier, was a passenger on the train from Boston; that, when the stop was made in the yard to break the train in two, he understood his destination was reached and left the train in the yard, and was there run over, and that the defendants’ negligence consisted in their failure to take sufficient precautions to prevent passengers innocently making this mistake. Assuming that upon proof of these facts the plaintiff would be entitled to recover, his ease was erroneously submitted to the jury because of lack of proof.' That the deceased was…

2Cases cited1 opinion

  1. Moses v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911

3Cited by4 opinions

  1. Ingerson v. Grand Trunk RailwaySupreme Court of New Hampshire · 1919
  2. Goy Ex Rel. Goy v. Director General of RailroadsSupreme Court of New Hampshire · 1920
  3. Olsen v. Boston & Maine RailroadSupreme Court of New Hampshire · 1925
  4. Nadeau v. StevensSupreme Court of New Hampshire · 1920

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