Smith v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for causing tlie death of John L. Cate by negligence at a highway grade crossing, known as the Waukewan crossing, situ.ated about half a mile northerly of the Meredith station'. Trial by jury. A view of the crossing was taken. The railroad approaches it from a southerly direction on a curve, the center of which is on the same side of the track as the highway.
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Case, for causing tlie death of John L. Cate by negligence at a highway grade crossing, known as the Waukewan crossing, situ.ated about half a mile northerly of the Meredith station'. Trial by jury. A view of the crossing was taken. The railroad approaches it from a southerly direction on a curve, the center of which is on the same side of the track as the highway. The .angle between the track and highway is acute; and the surface of the land is considerably higher than the surfaces of the roadbeds. There is a dwelling-house upon this ridge about 300 feet southerly of the crossing. There is a…
1Opinion of the CourtChase, J.
Cate’s uniform habit of slackening the speed of Ms horse to a walk at the Waukewán crossing, and looking and listening for the approach of a train before attempting to pass the crossing, tended to show that he did so on his fatal trip. It was substantial evidence of the exercise of care on that occasion. Davis v. Railroad, 68 N. H. 247, 248, and authorities cited.
But it is said that this evidence proves too much to be of benefit to the plaintiff; that if Cate did exercise care to that extent, he must have discovered the approach of the train, and consequently must have been guilty of…
2Cases cited10 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Folsom v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1896
- Fuller v. BaileySupreme Court of New Hampshire · 1877
- Nutter v. Boston & Maine RailroadSupreme Court of New Hampshire · 1881
- Davis v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Wallis v. Southern Pacific Co.California Supreme Court · 1921
- Bennett v. LaroseSupreme Court of New Hampshire · 1926
- Weeks v. Cushman-Rankin Co.Supreme Court of New Hampshire · 1915
- Minot v. Boston & Maine RailroadSupreme Court of New Hampshire · 1907
- Byron v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926
8 more not listed; retrieve them via the Exa API.