Garland v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligently killing the plaintiff’s intestate, Frank W. Garland. Trial by jury. At the close of the plaintiff’s evidence the defendant’s motion for a nonsuit was granted, subject to exception. The facts are stated in the opinion. Transferred from the February term, 1912, of the superior court by Plummer, J.
1Opinion of the CourtPeaslee, J.
The plaintiff’s decedent, Garland, was killed in a head-on collision between two trains owned and operated by the defendant. Garland was riding in the engine cab on the up trainband his presence was not known to the defendant’s servants, other than the engine men on that train. There was no claim that these men were negligent, the charge being that the collision was caused by the fault of the men operating the down train, or of . those ordering the movement of trains. It was admitted that Garland was a trespasser and that there was no reason to anticipate his presence in the cab. There is no…
2Cases cited8 opinions
- Losee v. . BuchananNew York Court of Appeals · 1873
- Sawyer v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1907
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Smith v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
- Snipes v. Camp Manufacturing Co.Supreme Court of North Carolina · 1910
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3Cited by31 opinions
- Attleboro Mfg. Co. v. Frankfort Marine, Accident & Plate Glass Ins.Court of Appeals for the First Circuit · 1917
- Duncan v. Lumbermen's Mutual Casualty Co.Supreme Court of New Hampshire · 1941
- Sorrell v. WhiteSupreme Court of Vermont · 1931
- Sinram v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932
- Allstate Insurance v. Reserve InsuranceSupreme Court of New Hampshire · 1976
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