Hinman v. Director General of Railroads
Supreme Court of New Hampshire
Case, for negligently causing the death of the plaintiff’s intestate. Trial by jury and verdict for the defendant. It was not alleged and there was no evidence tending to prove that the intestate left any relatives, and at the close of the evidence the defendant moved for a directed verdict on the ground it could not be found that the intestate left an heir-at-law, surviving him.
Read the full summary
Case, for negligently causing the death of the plaintiff’s intestate. Trial by jury and verdict for the defendant. It was not alleged and there was no evidence tending to prove that the intestate left any relatives, and at the close of the evidence the defendant moved for a directed verdict on the ground it could not be found that the intestate left an heir-at-law, surviving him. Transferred by Kivel, C. J., from the September term, 1919, of the superior court on the defendant’s exception to the denial of this motion and on the plaintiff’s exception to the following statements of the…
1Opinion of the CourtYoung, J.
The defendant bases his exception on the proposition that it is necessary for the plaintiff to allege and prove that the intestate left heirs-at-law surviving him; that, however, is not the rule in this jurisdiction, for as P. S., c. 191, ss. 8-13 have been construed, the office of s. 8 is to repeal to the extent named in the five following sections, the rule of the common law that actions of tort for physical injuries do not survive. Cochran v. Laton, 78 N. H. 562; Cogswell v. Railroad, 78 N. H. 379, 386; Guevin v. Railway, 78 N. H. 289, 298; Shea v. Starr, 76 N. H. 538; Piper v. Railroad,…
2Cases cited7 opinions
- Guevin v. Manchester Street RailwaySupreme Court of New Hampshire · 1916
- Piper v. Boston & Maine RailroadSupreme Court of New Hampshire · 1910
- Poff v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1903
- Cogswell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1917
- Harrington v. WadsworthSupreme Court of New Hampshire · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Niemi v. Boston & Maine RailroadSupreme Court of New Hampshire · 1934
- Morrison v. Boston & Maine RailroadSupreme Court of New Hampshire · 1933
- Kelley v. Volkswagenwerk AktiengesellschaftSupreme Court of New Hampshire · 1970
- Arsenault v. LepageSupreme Court of New Hampshire · 1930