Jewell v. Grand Trunk Railway
Supreme Court of New Hampshire
Case, commenced in the lifetime of Levi D. Jewell, who died before the trial, to recover damages for a personal injury to the deceased alleged to have been caused by the carelessness and neglect of Thomas Monneghan, an employ é of the defendants, in wheeling out and placing upon the platform of tlie defendants’ freight-liouse, at Gorham, N. H., a crate of crockery belonging to C. L. Plaisted, of Jefferson. Pica, the general issue.
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Case, commenced in the lifetime of Levi D. Jewell, who died before the trial, to recover damages for a personal injury to the deceased alleged to have been caused by the carelessness and neglect of Thomas Monneghan, an employ é of the defendants, in wheeling out and placing upon the platform of tlie defendants’ freight-liouse, at Gorham, N. H., a crate of crockery belonging to C. L. Plaisted, of Jefferson. Pica, the general issue. The plaintiff, who is the widow of the deceased, and was his wife at the time of the injury, was offered as a witness by her counsel. The defendants objected to her…
1Opinion of the Court
The defendants' first request for instructions to the jury was properly refused. It assumes, as a matter of law, that the warehouse was a reasonable place to require Plaisted to accept the delivery of his freight. The instructions of the court were, in substance, that the defendants were not bound, as a matter of law, to deliver the crate upon the platform outside the freight-house, neither had they a right, as a matter of law, to deposit it in the freight-house and compel Plaisted to receive it there; but they were bound to deliver the freight in a convenient and suitable place in which it…
2Cases cited6 opinions
- Tutein v. HurleyMassachusetts Supreme Judicial Court · 1867
- Cook v. City of CharlestownMassachusetts Supreme Judicial Court · 1867
- Wendell v. SaffordSuperior Court of New Hampshire · 1841
- Clark v. First Congregational SocietySupreme Court of New Hampshire · 1864
- Moses v. Boston & Maine RailroadSupreme Court of New Hampshire · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Casey v. Frank Jones Brewing Co.Supreme Court of New Hampshire · 1918
- Cohn v. SaidelSupreme Court of New Hampshire · 1902