Minot v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligently running upon the plaintiff’s intestate at Cherry Mountain station, August 7, 1902. Transferred from the April term, 1904, of the superior court by Peaslee, J. The plain-ti if’s evidence tended to prove the following facts: The railroad tracks at Cherry Mountain run east and west, the main line being south of the station. West of the station, the Jefferson Hill branch leaves the main line and runs north of the station.
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Case, for negligently running upon the plaintiff’s intestate at Cherry Mountain station, August 7, 1902. Transferred from the April term, 1904, of the superior court by Peaslee, J. The plain-ti if’s evidence tended to prove the following facts: The railroad tracks at Cherry Mountain run east and west, the main line being south of the station. West of the station, the Jefferson Hill branch leaves the main line and runs north of the station. Northerly from the station, a siding leaves the branch and runs westerly about parallel with and directly northerly of that line. The siding is on a slight…
1Opinion of the CourtPabsons, C. J.
The conduct of the deceased, from the time when she came in sight upon the station platform until she walked directly in front of the car and was billed, is fully disclosed by the evidence. During tills time she did not look toward the car and took no precaution to ascertain if there was danger in stepping upon the track. Does the evidence of her failure to take any precautions immediately before placing herself in what proved to be a place of great danger preclude a finding that she acted with duo care?
“Precaution is a duty only so far as there is reason for apprehension.” Shea v. Railroad,…
2Cases cited6 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Shea v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1898
- Davis v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Myers v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. LynnIndiana Supreme Court · 1911
- Oklahoma Ry. Co. v. ThomasSupreme Court of Oklahoma · 1917
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1935
- Piper v. Boston & Maine RailroadSupreme Court of New Hampshire · 1909
13 more not listed; retrieve them via the Exa API.