Flint v. Boston & Maine Railroad
Supreme Court of New Hampshire
CASE, for killing the plaintiff's cattle. Trial by the court. rUralisferred from the May term, 1904, of the superior court by Wallace, C. J. One count of the declaration alleged that the cattle, having escaped from the defendants' cattle yard at Claremont Junction, went upon the defendants' railroad by reason of their negligence in not maintaining cattle guards at a certain highway, and were run over and killed.
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CASE, for killing the plaintiff's cattle. Trial by the court. rUralisferred from the May term, 1904, of the superior court by Wallace, C. J. One count of the declaration alleged that the cattle, having escaped from the defendants' cattle yard at Claremont Junction, went upon the defendants' railroad by reason of their negligence in not maintaining cattle guards at a certain highway, and were run over and killed. The plaintiff’s evidence tended to prove the following facts: The defendants’ railroad crosses a highway at Claremont Junction nearly at right angles. There are no cattle guards at…
1Opinion of the CourtChase, J.
The agreement of the parties has substantially the effect which a denial of the defendants’ motion for the ordering of a verdict in their favor, subject to exception, would have. The principal question, therefore, is: “ Whether in the whole case there is any substantial evidence tending to prove the affirmative of the issues made by the pleadings ? . . . Or, expressing the question in another form: assuming the truth of the evidence and construing it most favorably for the plaintiff, does it conclusively appear therefrom that the defendants were not negligent? Must all fair-minded men arrive…
2Cases cited4 opinions
- Covington Stock-Yards Co. v. KeithSupreme Court of the United States · 1891
- Barron v. EldredgeMassachusetts Supreme Judicial Court · 1868
- Mason v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Norfolk & Western Railroad v. Harman & CrockettSupreme Court of Virginia · 1895
3Cited by3 opinions
- Atto v. SaundersSupreme Court of New Hampshire · 1915
- Schwartz v. Maryland Casualty Co.Supreme Court of New Hampshire · 1925
- Deming v. Boston & Maine RailroadSupreme Court of New Hampshire · 1917