Legal Opinion

Ayers v. Boston & Maine Railroad

Supreme Court of New Hampshire

Decided December 5, 1894PublishedCited by 1 opinion

Case, for personal injuries. Verdict for the plaintiff. The plaintiff shipped milk daily from the defendants’ station at North Boscawen for six months before the accident. It was the duty of those shipping milk to deliver it upon a platform provided for the purpose, and to hahd the cans from the platform into the car. The brakeman of the train was accustomed to help load the milk, and, after it was loaded, to give tbe conductor a signal for him to start the train.

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Case, for personal injuries. Verdict for the plaintiff. The plaintiff shipped milk daily from the defendants’ station at North Boscawen for six months before the accident. It was the duty of those shipping milk to deliver it upon a platform provided for the purpose, and to hahd the cans from the platform into the car. The brakeman of the train was accustomed to help load the milk, and, after it was loaded, to give tbe conductor a signal for him to start the train. December 30, 1892, the plaintiff, assisted by other milk-shippers and the brakeman, was loading milk; and when all but five cans…

1Opinion of the CourtBlodgett, J.

It would serve no useful purpose to comment upon evidence such as appears in this case.

The defendants’ motions and requests were properly denied. layman v. Railroad, 66 N. H. 200, 2(34; Fossr. Railroad, 66 N. H. 256, 260 ; Felch v. Railroad, 66 N. H. 318, 320, 322, 323; Boothby v. Railway, 66 N. H. 342; Walker r. Railroad, 64 N. H. 414; Paine v. Railway, 63 N. II. 623 ; Merrill v. Express Co., 62 N. H. 514; Nutter v. Railroad, 60 N. H. 483, 485; Tuttle v. Farmington, 58 N. H. 13, 14; Griffin v. Auburn, 58 N. H. 121, 124; Paine v. Railway, 58 N. H. 611; Gilman v. Noyes, 57 N. H. 627; Sleeper…

2Cases cited11 opinions

  1. Lyman v. Boston & Maine RailroadSupreme Court of New Hampshire · 1890
  2. Paine v. Grand Trunk Railway of CanadaSupreme Court of New Hampshire · 1879
  3. Felch v. Concord RailroadSupreme Court of New Hampshire · 1890
  4. Nutter v. Boston & Maine RailroadSupreme Court of New Hampshire · 1881
  5. Boothby v. Grand Trunk RailwaySupreme Court of New Hampshire · 1890

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3Cited by1 opinion

  1. Hustis v. HerbertCourt of Appeals for the First Circuit · 1919

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