Topore v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, under the federal employers’ liability act for negligently causing the death of plaintiff’s intestate, Doud Muslin. Muslin was employed in shoveling over coal on the tender of a south bound train in the Concord station. Getting off that train after it started, he was killed by an incoming train on an adjoining track. Trial by jury and verdict for the plaintiff.
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Case, under the federal employers’ liability act for negligently causing the death of plaintiff’s intestate, Doud Muslin. Muslin was employed in shoveling over coal on the tender of a south bound train in the Concord station. Getting off that train after it started, he was killed by an incoming train on an adjoining track. Trial by jury and verdict for the plaintiff. There had previously been two trials of the case and witnesses who testified had also given their depositions and testified before the public service commission. The defendants excepted to the following remarks of the plaintiff’s…
1Opinion of the CourtParsons, C. J.
In view of the number of times the defendants’ witnesses were called upon to testify, more or less variance in their statements was to be expected. That there was such is admitted. This was discussed and the defendants’ explanation given the jury in’argument. The discussion thereof by plaintiff’s counsel, to which exception was taken, was vigorous and emphatic, but there is nothing tending to show that he was or could have been understood to be testifying rather than arguing. The evidence all points in the opposite direction and the exception to the argument is overruled. Kambour v. Railroad,…
2Cases cited4 opinions
- Kambour v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Olney v. RailroadSupreme Court of New Hampshire · 1904
- Seeton v. DunbartonSupreme Court of New Hampshire · 1905
- Gage v. O'NeillSupreme Court of New Hampshire · 1918
3Cited by2 opinions
- Williams v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1926