Brown v. Boston & Maine Railroad
Supreme Court of New Hampshire
Cask, for negligently causing the death of Mary Chandler, the plaintiff’s intestate, in the defendants’ railroad yard at East Concord, February 25, 1904. Trial by jury. At the close of the plaintiff’s evidence a nonsuit was ordered, subject to' exception. Transferred from the April term, 1905, of the superior court by Chamberlin, J. The tracks in the yard at East Concord run north and south, the passenger station being located east of the tracks.
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Cask, for negligently causing the death of Mary Chandler, the plaintiff’s intestate, in the defendants’ railroad yard at East Concord, February 25, 1904. Trial by jury. At the close of the plaintiff’s evidence a nonsuit was ordered, subject to' exception. Transferred from the April term, 1905, of the superior court by Chamberlin, J. The tracks in the yard at East Concord run north and south, the passenger station being located east of the tracks. South of the station and east of the main line is a side track. Seventy-five feet south of the southerly end of the station platform is a frog where…
1Opinion of the CourtBingham, J.
The defendants contend that the provisions of chapter 75, Laws 1899, do not require that a notice should be posted to entitle -them to the benefits or exemptions there conferred, and that they are relieved from liability in this action, even if no notice was posted. This contention does not require extended consideration if the language used in the act is to be taken as meaning what it says. By section 2, the civil liability of railroads to persons injured “ while engaged in any act prohibited by section 1 ” is limited to damages occasioned by their “ willful or gross negligence.” Every act…
2Cases cited4 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Little v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
- Myers v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
- Parkinson v. Concord Street RailwaySupreme Court of New Hampshire · 1901
3Cited by14 opinions
- Gosliner v. BrionesCalifornia Supreme Court · 1921
- Schmidt v. Michigan Coal & Mining Co.Michigan Supreme Court · 1909
- MacLeod v. Fox West Coast Theatres Corp.California Supreme Court · 1937
- Texas, O. & E. R. Co. v. McCarrollSupreme Court of Oklahoma · 1920
- McCarthy v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1917
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