Abbott v. Concord & Montreal Railroad
Supreme Court of New Hampshire
Case, for injuries received by the plaintiff through the alleged negligence of the defendants' employee, one Woodlawn, in loading trunks upon a truck at the steamer landing at Weirs. The plaintiff was in the employ of one Blackstone, master and owner of a steamer plying upon Lake Winnipiseogee, as purser or clerk, express agent, and baggage master. The wharf upon which the baggage was landed was at a distance from the platform where the baggage was loaded upon the cars.
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Case, for injuries received by the plaintiff through the alleged negligence of the defendants' employee, one Woodlawn, in loading trunks upon a truck at the steamer landing at Weirs. The plaintiff was in the employ of one Blackstone, master and owner of a steamer plying upon Lake Winnipiseogee, as purser or clerk, express agent, and baggage master. The wharf upon which the baggage was landed was at a distance from the platform where the baggage was loaded upon the cars. It was the custom of the employees of the steamer and railroad, acting together, to transport the baggage to the cars by…
1Opinion of the CourtPike, J.
In order that the plaintiff should prevail it was necessary for him to prove that his injury was caused by the negligence of the defendants’ servant.
The plaintiff's evidence tended to prove that the trunks were hurriedly loaded and that so many were placed upoi the forward end of the truck as to cause it to tip and throw those last loaded upon the plaintiff; and that just before the accident Woodlawn was loading trunks upon that end. Conceding the truth of this evidence (Bullard v. Railroad, 64 N. H. 27, 30), the jury could properly find that the plaintiff's injury was caused by the…
2Cases cited5 opinions
- Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
- Fuller v. BaileySupreme Court of New Hampshire · 1877
- Lucier v. LaroseSupreme Court of New Hampshire · 1889
- Little v. UphamSupreme Court of New Hampshire · 1886
- Merrill v. PerkinsSupreme Court of New Hampshire · 1881
3Cited by3 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Gallagher v. Manchester Street RailwaySupreme Court of New Hampshire · 1899
- Flaherty v. Manchester Street RailwaySupreme Court of New Hampshire · 1916