Parkinson v. Nashua & Lowell R. R.
Supreme Court of New Hampshire
Case, for negligently causing the death of the plaintiff’s intestate by the defendants’ railway train while attempting to cross their track in his carriage at the Elm street crossing in Nashua. The defendants claimed that the deceased was negligent in driving upon the crossing, and that his death was caused by his negligence? while the .plaintiff claimed that the deceased was exercising ordinary care.
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Case, for negligently causing the death of the plaintiff’s intestate by the defendants’ railway train while attempting to cross their track in his carriage at the Elm street crossing in Nashua. The defendants claimed that the deceased was negligent in driving upon the crossing, and that his death was caused by his negligence? while the .plaintiff claimed that the deceased was exercising ordinary care. The evidence was conflicting; and, subject to exception, the defendants were permitted to introduce evidence tending to show negligence of the deceased in driving over railroad crossings at…
1Opinion of the CourtBlodgett, J.
Although it is quite generally held elsewhere in actions for negligence, that evidence of other specific instances of negligence on the part of either party is not competent, because raising a collateral issue, yet in this state a different rule prevails, and has become established in cases where the evidence is conflicting; and it is hero held to be competent to show that the party charged with negligence had performed or omitted the same act in the same way before, as tending to show that he did or omitted the act at the time in question, on the ground that a person is more likely to do a…
2Cases cited3 opinions
- Nutter v. Boston & Maine RailroadSupreme Court of New Hampshire · 1881
- Hall v. BrownSupreme Court of New Hampshire · 1877
- State v. Boston & Maine RailroadSupreme Court of New Hampshire · 1878
3Cited by11 opinions
- Colby v. LeeSupreme Court of New Hampshire · 1928
- Hussey v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926
- Chabott v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1913
- Presby v. Grand Trunk RailwaySupreme Court of New Hampshire · 1891
- Proctor v. White Mountain Freezer Co.Supreme Court of New Hampshire · 1899
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