Blumenthal v. Boston & Maine Railroad
Supreme Judicial Court of Maine
Exceptions by plaintiff. Overruled. Case to recover damages sustained by the plaintiff when driving over the defendant’s railroad at a highway grade-crossing at Central Street in "Westbrook. The plaintiff claimed that the collision was caused by the negligence of the defendant’s employees in the management of its train. The presiding justice ordered a nonsuit and the plaintiff took exceptions. The case appears in the opinion.
1Opinion of the CourtWiswell, C. J.
While the plaintiff was attempting to drive over the defendant’s railroad at a highway grade crossing, he was struck by a freight train of the defendant and sustained serious bodily injury. Claiming that this collision was caused by the negligence of the defendant’s employees in the management of the train, he brought this action to recover damages for the injuries sustained by him. At the trial, upon the conclusion of the plaintiff’s testimony, the court ruled that a prima facie case had not been made out and ordered a nonsuit. The case comes to the law court, upon the plaintiff’s exception…
2Cases cited2 opinions
- Heimann v. KinnareIllinois Supreme Court · 1901
- Kilpatrick v. Grand Trunk Railway Co.Supreme Court of Vermont · 1900
3Cited by15 opinions
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Zibbell v. Southern Pacific Co.California Supreme Court · 1911
- Westerkamp v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Colorado · 1907
- Cochran's Administrators v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky (pre-1976) · 1929
- Labelle v. Central Vermont Railway Co.Supreme Court of Vermont · 1913
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