Valley v. Boston & Maine Railroad
Supreme Judicial Court of Maine
On motion by defendant. Action on the case to recover damages for personal injuries sustained by the plaintiff and caused by the alleged negligence of the defendant company.
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On motion by defendant. Action on the case to recover damages for personal injuries sustained by the plaintiff and caused by the alleged negligence of the defendant company. The accident in which the plaintiff was injured, occurred in the Charlestown Yard, so called, of the defendant company in the City of Charlestown, Massachusetts, February 9, 1904. Writ dated August 10, 1905. Plea the general issue with brief statement as follows: "And for brief statement the defendant further says that before the purchase of the writ in the above entitled action, to wit: On the 9th day of February, 1904,…
1Opinion of the CourtEmery, C. J.
This was an action to recover damages for personal injuries sustained by the plaintiff from the negligence of the defendant. The verdict was for the plaintiff. On this motion for a new trial the only question is whether the evidence justified the necessary finding that a written release of the cause of action given by the plaintiff to the defendant for the consideration of fifteen dollars was obtained by such misrepresentation as amounts to legal fraud.
The plaintiff had charge of some cars loaded with potatoes shipped from Fort Fairfield. While the train was at rest in the freight yard of the…
2Cases cited1 opinion
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3Cited by9 opinions
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- Seeck v. JakelOregon Supreme Court · 1914
- Wiggin v. SanbornSupreme Judicial Court of Maine · 1965
- Smith v. Rhode Island Co.Supreme Court of Rhode Island · 1916
- Florida Power & Light Co. v. HornSupreme Court of Florida · 1930
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