Emery v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for personal injuries to Hannah E. Emery, deceased since bringing the action, which is prosecuted by her husband and administrator. Verdict for the plaintiff.
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Case, for personal injuries to Hannah E. Emery, deceased since bringing the action, which is prosecuted by her husband and administrator. Verdict for the plaintiff. The plaintiff’s evidence tended to prove that Mrs. Emery was in feeble health before the accident; that she took passage in the defendants’ cars from Boston to Portsmouth; that after the train had stopped at the Portsmouth station and she had arisen from her seat to go out, the car was suddenly and without notice violently jerked backwards, throwing her upon the back of the seat in front of her and causing the injury complained…
1Opinion of the CourtBlodgett, J.
The motion for a nonsuit was properly denied. The violent and unusual backward jerk of the car, without notice or warning to the passengers, after the train had stopped at the station and the deceased was getting ready to leave the car in the usual manner, afforded competent evidence tending to show negligence on the part of the defendants, and was sufficient to authorize the plaintiff to go to the jury. Foss v. Baker, 62 N. H. 247, 249.
The additional expenses occasioned to the deceased by the injury in her life, or to her estate upon her decease, constituted a proper element of damages for…
2Cited by4 opinions
- Tucson Rapid Transit Co. v. RubaizArizona Supreme Court · 1920
- Clark v. MiddletonSupreme Court of New Hampshire · 1907
- Harris v. SmithSupreme Court of New Hampshire · 1902
- McCourt v. TraversSupreme Court of New Hampshire · 1934