Crugley v. Grand Trunk Railway Co.
Supreme Court of New Hampshire
Case, under the federal employers’ liability act, to recover for injuries sustained by John Crugley. • Trial by jury and verdict for the defendant. The suit was brought by Crugley in his lifetime and prosecuted by his administratrix after his death. He was employed by the defendant as a trackman and on the night of June 18, 1917, he, with others, was called to repair a washout at North Yarmouth, Maine.
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Case, under the federal employers’ liability act, to recover for injuries sustained by John Crugley. • Trial by jury and verdict for the defendant. The suit was brought by Crugley in his lifetime and prosecuted by his administratrix after his death. He was employed by the defendant as a trackman and on the night of June 18, 1917, he, with others, was called to repair a washout at North Yarmouth, Maine. The men went from Berlin to Gorham, N. H., on a work train and there loaded some timbers. These were about 18 inches square and so long that they were loaded upon two fiat cars. They were of…
1Opinion of the CourtPeaslee, J.
One question tried was whether the plaintiff’s decedent assumed the risk of the danger alleged as the cause of injury. The jury were instructed that the plaintiff had the burden of proof upon all issues except contributory negligence. The action being brought under the federal employers’ liability act (35 U. S. Stat. 65), the question presented is whether the local rule which was given is applicable to suits under the statute. The rule in the United States courts is that the defendant has the burden of proving assumption of risk. Seaboard Air Line Ry. v. Moore, 228 U. S. 433. Whether this…
2Cases cited6 opinions
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- Chesapeake & Ohio Railway Co. v. De AtleySupreme Court of the United States · 1916
- New Orleans & Northeastern Railroad v. HarrisSupreme Court of the United States · 1918
- Southern Railway Co. v. GraySupreme Court of the United States · 1916
- Northern Pacific Railroad v. MaresSupreme Court of the United States · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Stowe v. PayneSupreme Court of New Hampshire · 1922
- Ingalls v. Maine Central RailroadSupreme Court of New Hampshire · 1928
- Corbett v. HinesSupreme Court of New Hampshire · 1921
- McGEE v. BURLINGTON NORTHERNMontana Supreme Court · 1975
- McGee v. Burlington Northern, Inc.Montana Supreme Court · 1975