Legal Opinion

Huntress v. Boston & Maine Railroad

Supreme Court of New Hampshire

Decided June 5, 1890PublishedCited by 9 opinions

CASE, by the administrator of Martha L. Huntress, the plaintiff’s wife, who was killed at a grade crossing of the defendants’ road. Verdict for the plaintiff. The questions raised by a motion for a nonsuit were reserved.

1Opinion of the CourtDoe, C. J.

In the afternoon of May 19, 1887, the plaintiff’s wife, M., in a carriage with her mother, on a highway crossed by the defendants’ railroad at grade, attempted to cross the railroad in front of a train that was moving at a speed of from thirty-five to forty miles an hour. There was no gate or flagman, but there were “ warning signs,” such as are required by Laws of 1885, c. 98, ss. 1, 2, 3. The railroad was straight for a mile or more in the direction from which the train was coming. On the highway where M. was driving, from the nearest rail to a point one hundred and ten feet from it, there…

2Cases cited5 opinions

  1. Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
  2. Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
  3. Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
  4. Eaton v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
  5. Snevely v. JonesSupreme Court of Pennsylvania · 1840

3Cited by9 opinions

  1. Lunde v. Cudahy Packing Co.Supreme Court of Iowa · 1908
  2. Stocker v. Boston & Maine RailroadSupreme Court of New Hampshire · 1928
  3. State v. LongDelaware Court of Oyer and Terminer · 1919
  4. Reynolds v. Burgess Sulphite Fibre Co.Supreme Court of New Hampshire · 1904
  5. Bridges v. Great Falls Manufacturing Co.Supreme Court of New Hampshire · 1931

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