Deverson v. Eastern Railroad
Supreme Court of New Hampshire
Case, for injuries received by the plaintiff in a collision of the defendants’ freight trains W and F, when he was driving the engine of train W as the defendants’ engineer. The action was entered at the January term, 1875. At the second term the docket entry is, — “ Ref. to W. J. Copeland, Frank P. .Cram, Jewett Connerand the record of the third term is, — “ Report. Plff. m. f. j. Defts. elect trial by jury.”
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Case, for injuries received by the plaintiff in a collision of the defendants’ freight trains W and F, when he was driving the engine of train W as the defendants’ engineer. The action was entered at the January term, 1875. At the second term the docket entry is, — “ Ref. to W. J. Copeland, Frank P. .Cram, Jewett Connerand the record of the third term is, — “ Report. Plff. m. f. j. Defts. elect trial by jury.” Subject to the defendants’ exception, the plaintiff was allowed to prove to the court, by parol evidence, that the case was referred on the defendants’ motion, vigorously pressed by…
1Opinion of the CourtBingham, J.
The referee’s report was allowed to go to the jury as evidence. The effect of the record evidence of the second term was, that the cause was referred, under Laws of 1874, c. 97, s. 13, without the consent of the parties. The parol evidence relating to that term proved that the defendants moved and urged the reference of this cause under said statute, without reservation or exception, and that the plaintiff opposed the reference. The plaintiff offered the report as evidence under the statute, and the defendants objected, and claimed that so much of the statute as made the report of the…
2Cases cited5 opinions
- Vose v. . CockcroftNew York Court of Appeals · 1871
- Lee v. TillotsonNew York Supreme Court · 1840
- Van Hook v. WhitlockNew York Supreme Court · 1841
- Jarvis v. MitchellMassachusetts Supreme Judicial Court · 1868
- Houston v. . WheelerNew York Court of Appeals · 1873
3Cited by3 opinions
- Dodge v. StickneySupreme Court of New Hampshire · 1882
- Harris v. ParkerSupreme Court of New Hampshire · 1890
- Rand v. Merchants' Despatch Transportation Co.Supreme Court of New Hampshire · 1880