Foss v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for injuries in alighting from the defendants’ train and walking from 500 to 700 feet to the passenger station at Rowley, in consequence of the train’s having overshot the station. The plaintiff, who was in feeble health, took the defendants’ cars at Rochester, N. H., July 31, 1888, having a ticket for Rowley, Mass.
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Case, for injuries in alighting from the defendants’ train and walking from 500 to 700 feet to the passenger station at Rowley, in consequence of the train’s having overshot the station. The plaintiff, who was in feeble health, took the defendants’ cars at Rochester, N. H., July 31, 1888, having a ticket for Rowley, Mass. Her husband assisted her into the car which went through, with her valise which weighed from fifteen to twenty pounds, and which she was unable to carry because of her weakness. He then went to Jefferson, the conductor of the train, and said to him, “1 have seated my wife in…
1Opinion of the Court
Allen J.
The motion for a non-suit for want of evidence to charge the defendants was properly denied. The plaintiff, without apparent fault of her own, was carried some distance — five hundred to seven hundred feet — beyond her destination to which she had a ticket, and was there hurriedly assisted from the car to the ground over steps the lowest of which was twenty-two inches above the ground. The injury she received in jumping to the ground was aggravated by being compelled to walk from her landing-place to the station. In the flustered state of her mind, and the fear of being carried beyond…
2Cases cited1 opinion
- Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
3Cited by2 opinions
- Bass v. Concord Street RailwaySupreme Court of New Hampshire · 1899
- Ayers v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894