Welch v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence resulting in the death of the plaintiff’s intestate, Thomas Ford. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1915, of the superior court by Pike, C. J. Ford was killed December 25, 1914, at the passenger station at Exeter. He was at the time employed as an express messenger of the American Express Company, in which capacity he had been employed for some years.
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Case, for negligence resulting in the death of the plaintiff’s intestate, Thomas Ford. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1915, of the superior court by Pike, C. J. Ford was killed December 25, 1914, at the passenger station at Exeter. He was at the time employed as an express messenger of the American Express Company, in which capacity he had been employed for some years. Shortly before the accident he had transferred some packages from a truck to'an express car, constituting a part-of a train that had just arrived, called the west bound train,…
1Opinion of the CourtWalker, J.
The defendant contends that there was no evidence to justify the finding that the deceased was in the exercise of ordinary care at the time of the fatal accident. That there was evidence of the defendant’s negligence proximately contributing to the accident is conceded. It is claimed that Ford was unreasonably careless in attempting to go over the crossing with the express truck in front of the incoming locomotive, or that it could not be found that he was using ordinary care in attempting to cross. But due care is often inferable from the circumstances attending an accident in connection…
2Cases cited5 opinions
- Carney v. Concord Street RailwaySupreme Court of New Hampshire · 1903
- Minot v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905
- Clark v. ManchesterSupreme Court of New Hampshire · 1887
- Sanders v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Yeaton v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905
3Cited by3 opinions
- Thibeault v. CampbellSupreme Court of New Hampshire · 1993
- Olsen v. Boston & Maine RailroadSupreme Court of New Hampshire · 1925
- Jordan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1921