Legal Opinion

Colston v. Boston & Maine Railroad

Supreme Court of New Hampshire

Decided November 8, 1916PublishedCited by 4 opinions

Case and Trespass, for personal injuries. , The plaintiff, a trespasser upon the defendants’ tracks at West Lebanon, was struck and injured by the defendants’ car. A notice complying with' c. 75, Laws 1899, forbidding trespass was posted by the defendants before and at the time of the plaintiff’s injury, May 5, 1913. The plaintiff knew of the notice. Trial by jury and verdict for the defendants.

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Case and Trespass, for personal injuries. , The plaintiff, a trespasser upon the defendants’ tracks at West Lebanon, was struck and injured by the defendants’ car. A notice complying with' c. 75, Laws 1899, forbidding trespass was posted by the defendants before and at the time of the plaintiff’s injury, May 5, 1913. The plaintiff knew of the notice. Trial by jury and verdict for the defendants. Transferred from the April term, 1916, of the superior court by Chamberlin, J. The car was a caboose which was “kicked” westerly over the track upon or near to which the plaintiff was walking in an…

1Opinion of the CourtParsons, C. J.

“Section 1. If any person shall without right enter upon or remain in any right of way, tracks, yard, station ground, bridge, depot, or other building of any railroad, when notice has been posted forbidding such trespass, he may be fined not exceeding twenty dollars; and no right to enter or be upon any railroad track shall be implied from custom or user however long continued.
“Sect. 2. If any person shall be injured while engaged in any act prohibited by section 1 of this act, neither he nor his executor or administrator‘shall have any cause of action against the railroad company for damages…

2Cases cited1 opinion

  1. Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900

3Cited by4 opinions

  1. Cozzi v. HooksettSupreme Court of New Hampshire · 1931
  2. Bowdler v. St. Johnsbury Trucking Co.Supreme Court of New Hampshire · 1937
  3. Floyd v. VerretteSupreme Court of New Hampshire · 1919
  4. Kendall v. The Society for the Protection of NH Forests,et al.District Court, D. New Hampshire · 2017

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