Whitcher v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for injuries to the plaintiff, an employee of the defendants, by their alleged negligence in maintaining unsuitable ties in their yard in Lancaster. Trial by jury. The evidence tended to prove that the plaintiff was thirty-seven years old, and had worked at railroading most of the time since he was seventeen years old, as a trackman, as a shop hand, and as a brakeman and conductor on freight trains running in and through the Lancaster yard.
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Case, for injuries to the plaintiff, an employee of the defendants, by their alleged negligence in maintaining unsuitable ties in their yard in Lancaster. Trial by jury. The evidence tended to prove that the plaintiff was thirty-seven years old, and had worked at railroading most of the time since he was seventeen years old, as a trackman, as a shop hand, and as a brakeman and conductor on freight trains running in and through the Lancaster yard. Prior to October, 1894, there was a switch in that yard near the water tank. In the fall of 1894 the switch was removed, but four of the long ties,…
1Opinion of the CourtWallace, J.
To entitle tlie plaintiff to have the case submitted to the determination of a jury, it must appear by some substantial evidence (1) that the defendants were negligent; (2) that their negligence caused the injury; (3) that the plaintiff did not know of the defect complained of, and ought not to have known of it and appreciated the danger from it; and (4) that the plaintiff was in the exercise of due care. If lie has failed to sustain any one of these propositions by some substantial evidence, or if the evidence on any one of these propositions is such that fair-minded men can arrive at but…
2Cases cited6 opinions
- Lyman v. Boston & Maine RailroadSupreme Court of New Hampshire · 1890
- Demars v. Glen Manufacturing Co.Supreme Court of New Hampshire · 1892
- Cook v. New DurhamSupreme Court of New Hampshire · 1887
- Hardy v. Boston & Maine RailroadSupreme Court of New Hampshire · 1896
- Allen v. Boston & Maine RailroadSupreme Court of New Hampshire · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lunde v. Cudahy Packing Co.Supreme Court of Iowa · 1908
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
- Bunten v. DavisSupreme Court of New Hampshire · 1926
- New York Lubricating Oil Co. v. PuseyCourt of Appeals for the Second Circuit · 1914
- Cassidy v. Atlantic Corp.Supreme Court of New Hampshire · 1920
11 more not listed; retrieve them via the Exa API.