Aldrich v. Concord & Montreal Railroad
Supreme Court of New Hampshire
Case, for injuries received by the plaintiff while in the defendants’ service as a car inspector. Verdict for the plaintiff. A freight car belonging to another railroad, and received by the •defendants from that railroad with its load of lumber, ran off the track in the defendants’ yard in Nashua. The lumber was ¡secured upon the car by stakes on each side, fastened together at the top by straps or cross-ties, that is, strips of board nailed to the tops of opposite stakes.
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Case, for injuries received by the plaintiff while in the defendants’ service as a car inspector. Verdict for the plaintiff. A freight car belonging to another railroad, and received by the •defendants from that railroad with its load of lumber, ran off the track in the defendants’ yard in Nashua. The lumber was ¡secured upon the car by stakes on each side, fastened together at the top by straps or cross-ties, that is, strips of board nailed to the tops of opposite stakes. The evidence tended to show that by the derailment all the cross-ties were severed, the stakes on the west side broken,…
1Opinion of the CourtBuopgett, J.
The insufficiency or weakness of the car stakes,, which was the immediate cause of the plaintiff’s injury, was occasioned by the derailment of the cars ; and hence the material question for the jury was, whether such insufficiency or weakness was due to the defendants’ want of ordinary care. Upon that question the cause of the derailment was legitimate evidence; and the jury having found upon such evidence, under instructions to which no exception was taken, that the cause was the defendants’ defective switch, the switch is to be regarded as the legal cause of the plaintiff’s injury. “…
2Cases cited2 opinions
- Stark v. LancasterSupreme Court of New Hampshire · 1876
- Merrill v. ClaremontSupreme Court of New Hampshire · 1878
3Cited by6 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Willis v. Plymouth & Campton Telephone Exchange Co.Supreme Court of New Hampshire · 1910
- Cavanaugh v. Centerville Block Coal Co.Supreme Court of Iowa · 1906
- Murphy v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1904
- Stone v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
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