Burnham v. Concord & Montreal Railroad
Supreme Court of New Hampshire
Case, for injuries to the plaintiff’s intestate, John B. Duquette, from an unblocked guard-rail on November 24, 1891, resulting in death on November 26, 1891. Trial by jury. The evidence tended to prove the following facts : At the time of the accident Duquette was employed by the defendants as one of a switching crew in the defendants’ railroad yard at Nashua, and had been so employed for about two months, working in the night-time from 6 p. m. to 6 a. m.
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Case, for injuries to the plaintiff’s intestate, John B. Duquette, from an unblocked guard-rail on November 24, 1891, resulting in death on November 26, 1891. Trial by jury. The evidence tended to prove the following facts : At the time of the accident Duquette was employed by the defendants as one of a switching crew in the defendants’ railroad yard at Nashua, and had been so employed for about two months, working in the night-time from 6 p. m. to 6 a. m. His usual work was coupling cars. On the night of the accident, the foreman being absent, he was placed in charge of the crew. In…
1Opinion of the CourtParsons, J.
The plaintiff seeks to recover damages for injuries alleged to have been received in the course óf his service by one Duquette, the defendants’ employee, by reason of an unblocked guard-rail. The sole ground of defence is that Duquette assumed the risk. The only question submitted to the jury was whether Duquette knew or ought to have known the guard-rail was unblocked. The only question which we have considered is whether there was evidence upon which the jury could properly find that Duquette did not know, or, in the exercise of due care, would not of necessity have known, the guard-rail…
2Cases cited1 opinion
- Appel v. Buffalo,New York & Philadelphia Railway Co.New York Court of Appeals · 1888
3Cited by9 opinions
- Boyce v. JohnsonSupreme Court of New Hampshire · 1903
- Slack v. CarterSupreme Court of New Hampshire · 1903
- Edwards v. Tilton MillsSupreme Court of New Hampshire · 1900
- Richardson v. Connecticut Valley Lumber Co.Supreme Court of New Hampshire · 1914
- Johnson v. Boston & Maine RailroadSupreme Court of Vermont · 1906
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