Deming v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for killing the plaintiff’s horse. Transferred from the November term, 1916, of the superior court by Branch, J. The plaintiff’s evidence tended to show that the plaintiff, having driven the horse attached to a sleigh several miles, stopped at a house to transact some business with the occupant; that when he returned he unhitched the horse and was about to get into the sleigh, when he slipped upon the ice and fell upon the ground; that thereupon the horse started and…
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Case, for killing the plaintiff’s horse. Transferred from the November term, 1916, of the superior court by Branch, J. The plaintiff’s evidence tended to show that the plaintiff, having driven the horse attached to a sleigh several miles, stopped at a house to transact some business with the occupant; that when he returned he unhitched the horse and was about to get into the sleigh, when he slipped upon the ice and fell upon the ground; that thereupon the horse started and ran away in the highway; that the plaintiff immediately started in pursuit, but was unable to overtaké or to find the…
1Opinion of the CourtWalker, J.
The statute (P. S., c. 159, s. 23) provides that, “The proprietors of every railroad shall erect and maintain a sufficient fence upon each side of their road, except at the crossings of public highways; and at every such crossing they shall construct and maintain, upon each side of the highway, sufficient cattle guards or fences to prevent cattle from passing upon their road.”
The defendant claims that as the horse escaped from the immediate control of the plaintiff, it could not be found as a fact from the evidence, that it was rightfully in the highway when it went upon the railroad track,…
2Cases cited6 opinions
- Clark v. Boston & Maine RailroadSupreme Court of New Hampshire · 1887
- Flint v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905
- Morse v. Boston & Lowell RailroadSupreme Court of New Hampshire · 1889
- Giles v. Boston & Maine RailroadSupreme Court of New Hampshire · 1875
- Hill v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1893
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