Piper v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for personal injuries sustained by tbe plaintiff' while at work in the defendant’s passenger station at Concord as an employee of the American Express Company, and caused by negligence of tbe defendant’s servants in tbe management of a locomotive. Trial by jury and verdict for the plaintiff.
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Case, for personal injuries sustained by tbe plaintiff' while at work in the defendant’s passenger station at Concord as an employee of the American Express Company, and caused by negligence of tbe defendant’s servants in tbe management of a locomotive. Trial by jury and verdict for the plaintiff. Transferred from tbe October term, 1907, of tbe superior court by Pike, J. Tlie defendant pleaded the general issue and filed a brief statement setting forth certain agreements made prior to the accident between tlie plaintiff and the Express Company and between tbe Express Company and the…
1Opinion of the Court
The demurrer to the plea which sets up the contract between the defendant and the American Express Company and that between the company and the plaintiff as a bar to the plaintiff's right of action was properly sustained. The contracts differ in no essential respect from those considered in Baker v. Railroad, 74 N.H. 100.
There was abundant evidence that the release was obtained by fraud. It appeared from the testimony of witnesses and from the plaintiff's signature upon the release, that he was not in a normal condition at the time it was executed. He was not then able to read and did not…
2Cases cited14 opinions
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Walker v. Boston & Maine RailroadSupreme Court of New Hampshire · 1902
- Waldron v. Boston & Maine RailroadSupreme Court of New Hampshire · 1902
- Minot v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Carbone v. Boston & Maine RailroadSupreme Court of New Hampshire · 1937
- Manchester St. Ry. v. BarrettCourt of Appeals for the First Circuit · 1920
- Colby v. LeeSupreme Court of New Hampshire · 1928
- Brigham v. Hudson Motors, Inc.Supreme Court of New Hampshire · 1978
- New England Trust Co. v. FarrCourt of Appeals for the First Circuit · 1932
8 more not listed; retrieve them via the Exa API.