Castonia v. Maine Central Railroad
Supreme Court of New Hampshire
A rule of the road provides that the rear brakeman must ride in the caboose and remain at the rear to guard that end of the train. The train crew were under the authority of the conductor and bound to obey such orders as he gave. After leaving Jefferson Junction (the last station before Quebec Junction) Crosby, who was riding on top of the third car from the engine, saw Castonia with his lantern coming over the top of the rear cars.
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A rule of the road provides that the rear brakeman must ride in the caboose and remain at the rear to guard that end of the train. The train crew were under the authority of the conductor and bound to obey such orders as he gave. After leaving Jefferson Junction (the last station before Quebec Junction) Crosby, who was riding on top of the third car from the engine, saw Castonia with his lantern coming over the top of the rear cars. Crosby supposed it was another brakeman, and paid no attention to the matter after a moment or so. At some point near Quebec Junction the train was suddenly…
1Opinion of the CourtPeaslee, J.
The evidence discloses two possible causes for the fall of the decedent. He might have slipped upon the banana peel, or he might have been thrown by the shock caused by the sudden checking of the speed of the train. For the former the defendant is not liable, for the latter it may be. It is argue'd that there is no evidence tending to show that it is more probable that the shock caused his fall and that therefore the plaintiff's case fails, under the rule of Deschenes v. Railroad, 69 N. H. 285. The question presented.is whether there is any evidence from which it could reasonably be found…
2Cases cited2 opinions
- Chesapeake & Ohio Railway Co. v. De AtleySupreme Court of the United States · 1916
- Northern Pacific Railroad v. MaresSupreme Court of the United States · 1887
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- Rockwell v. HustisSupreme Court of New Hampshire · 1918