Yeaton v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligently running upon tbe plaintiff’s intestate, Robert Yeaton, at a grade crossing in Portsmouth. Trial by jury and verdict for tbe plaintiff. Transferred from tbe October term, 1904, of tbe superior court by Peaslee, J. Tbe evidence tended to show that Yeaton drove toward tbe crossing without exercising care to ascertain whether a train was approaching until be was within thirty feet of the track.
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Case, for negligently running upon tbe plaintiff’s intestate, Robert Yeaton, at a grade crossing in Portsmouth. Trial by jury and verdict for tbe plaintiff. Transferred from tbe October term, 1904, of tbe superior court by Peaslee, J. Tbe evidence tended to show that Yeaton drove toward tbe crossing without exercising care to ascertain whether a train was approaching until be was within thirty feet of the track. At that point he was traveling at the rate of four miles an hour, and tbe train, running at a speed of forty miles an hour, was some 800 feet distant. The train occupied the farther…
1Opinion of the CourtParsons, C. J.
The only position taken in support of the exceptions to the refusal to order a nonsuit or a verdict, or to instruct as requested upon the question of liability, is that Yeaton’s attempt to cross the track in advance of the approaching train was negligence which must prevent a recovery in this suit. In the discussion in Gahagan v. Railroad, 70 N. H. 441, it was said (j>. 450): “ The plaintiff’s negligent occupation of the track did not authorize the defendants to run upon and injure him, if by care they could have avoided it. . . . If the engineer knew, or ought to have known, that the…
2Cases cited8 opinions
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
- Wheeler v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1900
- Felch v. Concord RailroadSupreme Court of New Hampshire · 1890
- Batchelder v. Boston & Maine RailroadSupreme Court of New Hampshire · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sanders v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Thibeault v. CampbellSupreme Court of New Hampshire · 1993
- Gibson v. Maine Central RailroadSupreme Court of New Hampshire · 1909
- Welch v. Boston & Maine RailroadSupreme Court of New Hampshire · 1916
- Cavanaugh v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
1 more not listed; retrieve them via the Exa API.