Lassone v. Boston & Lowell Railroad
Supreme Court of New Hampshire
Case, for injuries to the plaintiff from the negligent management of the defendants’ locomotive on a highway grade crossing. June 8, 1887, the plaintiff, with one Benton, while passing over the defendants’ crossing in the village of Lancaster in a wagon drawn by a horse, was thrown out and injured.
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Case, for injuries to the plaintiff from the negligent management of the defendants’ locomotive on a highway grade crossing. June 8, 1887, the plaintiff, with one Benton, while passing over the defendants’ crossing in the village of Lancaster in a wagon drawn by a horse, was thrown out and injured. One of the rear wheels of the wagon was broken, and it was a question whether it was done by collision with the defendants’ locomotive, or by the plaintiff’s cramping the wagon and throwing himself and Benton out after passing over the crossing. On this question the character and extent of the…
1Opinion of the CourtSmith, J.
The book of account of Woodward, supported by the suppletory oath of his administrator, would be" competent evidence against Benton in a suit by the administrator against him to recover for the repairs of the wheel. Dodge v. Morse, 3 N. H. 232. Is the book evidence against third parties ?
Account-books of a party are not evidence when the dealing between the debtor and creditor is, as to the parties to the suit, a mere collateral matter. Woodes v. Dennett, 12 N. H. 510; Little v. Wyatt, 14 N. H. 23; Batchelder v. Sanborn, 22 N. H. 325; Leighton v. Sargent, 31 N. H. 119; Woods v. Allen, 18 N.…
2Cases cited10 opinions
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