Fuller v. Maine Central Railroad
Supreme Court of New Hampshire
Case, for negligently injuring the plaintiff, a traveler on the highway, át a grade crossing. Trial by jury and verdict for the plaintiff. To the denial of the defendant’s motions for a nonsuit and a directed verdict the defendant excepted. It also excepted to •the admission of certain evidence. The facts are sufficiently stated in the opinion. Transferred by Chamberlin, J., from the December term, 1915, of the superior court.
1Opinion of the CourtWalker, J.
The defendant’s argument in support of its motion for a nonsuit and a directed verdict is that, while conceding its negligence, the plaintiff cannot recover because it conclusively appears that he was guilty of negligence contributing to his injury. The attempt is made to prove this, statement by showing that if the plaintiff was looking alternately up and down the track while he was approaching the crossing, as he testified, he would have seen the train in ample time to have stopped his horse and avoided a collision with the train. It is insisted that notwithstanding his testimony that he…
2Cases cited24 opinions
- Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
- Demars v. Glen Manufacturing Co.Supreme Court of New Hampshire · 1892
- Mason v. KnoxSupreme Court of New Hampshire · 1891
- Lee v. DowSupreme Court of New Hampshire · 1904
- Connecticut River Power Co. v. DickinsonSupreme Court of New Hampshire · 1909
19 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Stocker v. Boston & Maine RailroadSupreme Court of New Hampshire · 1928
- Daley v. Metropolitan Life InsuranceSupreme Court of New Hampshire · 1925
- Manor v. GagnonSupreme Court of New Hampshire · 1943
- Romani v. Boston & Maine RailroadSupreme Court of New Hampshire · 1924
- Quimby v. Boston & Maine RailroadSupreme Court of New Hampshire · 1920
1 more not listed; retrieve them via the Exa API.