State v. Grand Trunk Railway Co. of Canada
Supreme Judicial Court of Maine
On exceptions to the rulings of Gfoddard, J., of the superior court for the county of Cumberland. Indictment founded on R. S., c. 51, § 36, alleging, substantially, that the defendants, at Yarmouth, ou Aug. 2,1869, negligently and carelessly run their locomotive against one David P. Pullen, then and there in the exercise of due care and diligence, by means whereof he was killed.
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On exceptions to the rulings of Gfoddard, J., of the superior court for the county of Cumberland. Indictment founded on R. S., c. 51, § 36, alleging, substantially, that the defendants, at Yarmouth, ou Aug. 2,1869, negligently and carelessly run their locomotive against one David P. Pullen, then and there in the exercise of due care and diligence, by means whereof he was killed. It appeared that the deceased purchased a ticket at Auburn, for Portland; that the train turned out on the side-track at Yarmouth station, to await the express train from Portland, which was then late ; that he left…
1Opinion of the CourtKent, J.
Exceptions to ruling of the judge.. It is provided by § 42, c. 51, R. S., that “ any railroad corporation, by whose negligence or carelessness, or by that of its servants or agents while employed in its business, the life of any person, in the exercise of due care and diligence, is lost,' forfeits not less than five hundred nor more than five thousand dollars, to be recovered by indictment, found within one year, wholly to the. use of his widow, if no children; and to the children if no widow; if both, to her and them equally; if neither, to his heirs.”
The indictment charges facts which it is…
2Cited by11 opinions
- Layne v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1909
- Mundy Ex Rel. Pamela v. SimmonsSupreme Judicial Court of Maine · 1980
- Alabama G. S. Ry. Co. v. CogginsCourt of Appeals for the Sixth Circuit · 1898
- Chicago, St. P., M. & O. Ry. Co. v. MyersCourt of Appeals for the Eighth Circuit · 1897
- Hill v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
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