State v. Boston & Maine Railroad
Supreme Court of New Hampshire
Indictment, upon Gen. St., c. 264, s. 14, for negligently killing C. H. J., at a railway crossing. The D. & W. R. R. corporation were, at one time, the proprietors of the railway, and there was no evidence of a transfer of it, by lease, mortgage, or other written contract.
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Indictment, upon Gen. St., c. 264, s. 14, for negligently killing C. H. J., at a railway crossing. The D. & W. R. R. corporation were, at one time, the proprietors of the railway, and there was no evidence of a transfer of it, by lease, mortgage, or other written contract. Subject to the defendants’ exception, the state was allowed to prove, by oral evidence, that at the time of the accident, and for more than ten years before, the defendants operated the road, and had the actual and exclusive possession and control of it, and all the trains were the defendants’ trains, run by the defendants’…
1Opinion of the CourtDoe, C. J.
“ The proprietors of any railroad ” are liable to indictment. Gen. St., c. 264, s. 14. “ The term proprietors of a railroad shall include the corporation to which any railroad was originally granted, or into whose hands it has subsequently passed, the assignees or trustees to whom any railroad has been mortgaged for the security of debts, and any company or persons to whom it may have been convoyed. No sale, lease, mortgage, or contract, for the use of any railroad, shall be valid unless it shall be in writing,” &c. Gen. St., c. 145, ss. 1, 2. These two sections of c. 145 do not mean that a…
2Cases cited2 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- State v. HoytSupreme Court of Connecticut · 1878
3Cited by7 opinions
- Parkinson v. Nashua & Lowell R. R.Supreme Court of New Hampshire · 1881
- Harrington v. WadsworthSupreme Court of New Hampshire · 1885
- Fuller v. Maine Central RailroadSupreme Court of New Hampshire · 1917
- Boston, Concord & Montreal Railroad v. Boston & Lowell RailroadSupreme Court of New Hampshire · 1888
- Perkins v. TowleSupreme Court of New Hampshire · 1880
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