Garland v. Maine Central Railroad
Supreme Judicial Court of Maine
On motion. This was a motion to set aside a verdict against the defendant in an action to recover damages to the plaintiff’s team at a railroad crossing.
Read the full summary
On motion. This was a motion to set aside a verdict against the defendant in an action to recover damages to the plaintiff’s team at a railroad crossing. The plaintiff in his declaration alleged that "the defendant then and there not in the use of proper care, or giving signals of warning, so rashly and negligently and carelessly and with such undue and immoderate speed ran one of its engines with the entire train of cars attached thereto across said public street and highway, that,” &c. ... The case appears in the opinion.
1Opinion of the CourtWalton, J.
The plaintiff has obtained a verdict for §418.82, against the Maine Central Railroad Company for injuries to a pair of horses and a pair of harnesses and a sled, occasioned by a collision with a passenger train of cars at a highway crossing.
The collision occurred February 12, 1891, at a place known as the Pulp Mill crossing, on the east side of the Kennebec river, in Augusta. The plaintiff’s teamster undertook to drive across the railroad with a pair of horses and a sled and a load of green hemlock logs. The load weighed probably not less than three tons, and the crossing had no snow on it,…
2Cited by3 opinions
- Johnson v. Portland Terminal Co.Supreme Judicial Court of Maine · 1932
- Boston &. M. R. R. v. CardCourt of Appeals for the First Circuit · 1925
- Hummer v. Lehigh Valley RailroadSupreme Court of New Jersey · 1907