Young v. American Express Co.
Supreme Court of New Hampshire
Case, for negligence. Transferred from the April term, 1912, of the superior court by Mitchell, J. The plaintiff was employed by the Boston & Maine Railroad as head brakeman on a train running between Boston and Lowell, which also carried express matter in a car in front of the passenger coaches, and was injured by colliding with an express truck owned and controlled by the defendant.
Read the full summary
Case, for negligence. Transferred from the April term, 1912, of the superior court by Mitchell, J. The plaintiff was employed by the Boston & Maine Railroad as head brakeman on a train running between Boston and Lowell, which also carried express matter in a car in front of the passenger coaches, and was injured by colliding with an express truck owned and controlled by the defendant. On the evening of December 24, 1909, there was a large amount of express matter to be delivered at the Winchester station, and the train waited several minutes while it was unloaded. As soon as this was done,…
1Opinion of the CourtPeaslee, J.
The defendant claims that a verdict in its favor should have been directed because the plaintiff knew a truck was in a position" to injure him and did nothing to avoid the injury. If this claim were well founded in fact, the legal conclusion might not be erroneous. But the evidence in the case is susceptible of another and very different construction. It could be found that the plaintiff had no reason to believe the truck was still standing close to the train, and that its continued presence there, contrary both to custom and to express orders in the particular instance, was due to the…
2Cases cited2 opinions
- Flansberg v. Heywood Bros. & Wakefield Co.Massachusetts Supreme Judicial Court · 1906
- Heshion v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
3Cited by1 opinion
- Hansen v. Standard Oil Co.Idaho Supreme Court · 1935