Cavanaugh v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1910, of the superior court by Pike, J. Edith Bolis, the plaintiff’s intestate, was killed by collision with the defendants’ train upon a highway grade crossing. At the time of her death she was about thirteen years old. She was driving alone in an open wagon, immediately following a carriage in which were three adults.
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Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1910, of the superior court by Pike, J. Edith Bolis, the plaintiff’s intestate, was killed by collision with the defendants’ train upon a highway grade crossing. At the time of her death she was about thirteen years old. She was driving alone in an open wagon, immediately following a carriage in which were three adults. She was driving slowly, would have seen the train if she had looked, and could have stopped within six feet of the crossing. The engineer testified that he saw the teams…
1DissentBingham, J.
In discussing the questions involved in this case, it is important to keep in mind that the only theory upon which the case was submitted to the jury was that of the “last clear chance” doctrine, and that by thus restricting the scope of the inquiry the court in effect ruled that the jury must assume that the deceased was negligent in driving her horse upon the crossing at the time of the accident. That this is a correct interpretation of the situation as presented to the trial justice is disclosed by an examination of the decision in Gibson v. Railroad, 75 N. H. 342, 344, where the court…
2Cases cited9 opinions
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
- Edgerly v. Union Street RailroadSupreme Court of New Hampshire · 1892
- Gregg v. Page Belting Co.Supreme Court of New Hampshire · 1897
- Little v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
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