Baldwin v. Grand Trunk Railway Co.
Supreme Court of New Hampshire
Case, for ejecting the plaintiff’s intestate from a car of the defendants, June 6,1883, and afterwards on the same day negligently running upon him with a freight train, causing his death.
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Case, for ejecting the plaintiff’s intestate from a car of the defendants, June 6,1883, and afterwards on the same day negligently running upon him with a freight train, causing his death. Verdict for the plaintiff for $3,500. There was evidence tending to show that Waldron was ejected by the defendants’ conductor for non-payment of fare at a place called Beattie’s Turn Out in Stratford; and it was claimed by the plaintiff that that place was not a passenger station within the meaning of Gen. Laws, c. 163, s. 22. Upon this point much evidence was introduced, and it appeared, among other…
1Opinion of the CourtDoe, C. J.
“No railroad corporation shall eject any person from its cars for non-payment of fare, excepting at some passenger station.” G. L., c. 163, s. 22. “ Passenger station ” may have different meanings in different statutes or in different connections. In this clause, it does not mean less than a stopping-place at which passenger tickets are ordinarily sold. If Waldron was ejected for non-payment of fare, his ejection was illegal.
Kilpatrick, a brakeman on the train that ran over Waldron, was not called as a witness by either party at the trial. On the cross-examination of Gonyea, the engineer of…
2Cases cited1 opinion
- Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
3Cited by12 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Carbone v. Boston & Maine RailroadSupreme Court of New Hampshire · 1937
- State v. SmailsWashington Supreme Court · 1911
- Olney v. RailroadSupreme Court of New Hampshire · 1904
- Dow v. WeareSupreme Court of New Hampshire · 1895
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