Legal Opinion

White v. Concord Railroad

Superior Court of New Hampshire

Decided July 15, 1855PublishedCited by 1 opinion

Case, for negligently killing a eoit. and a cow, by means of the defendant’s engines and cars. Plea, the general issue. The declaration contained two counts, the first of which was as follows % “ In a plea of trespass on the case, for that on the 24th day of June, A. D. 1852, at said Bow, the plaintiff was possessed and the owner of a certain three years old sorrel colored colt, of the value of one hundred and fifty dollars, which colt was then and there passing over and…

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Case, for negligently killing a eoit. and a cow, by means of the defendant’s engines and cars. Plea, the general issue. The declaration contained two counts, the first of which was as follows % “ In a plea of trespass on the case, for that on the 24th day of June, A. D. 1852, at said Bow, the plaintiff was possessed and the owner of a certain three years old sorrel colored colt, of the value of one hundred and fifty dollars, which colt was then and there passing over and aeross the railroad of said defendants, in said Bow, from the plaintiff’s land, on one side of said railroad, to the…

1Opinion of the CourtEastman, J.

By § 45, ch. 150 Comp. Stat., (Laws of 1850, ch. 593, § 5,) it is enacted that “ every railroad corporation in this State shall make and maintain all necessary cattle guards, cattle passes, and farm crossings, for the convenience and safety of the land-owners along the side of their road. * * Provided, that the provisions of this sec*202tion shall not apply in any case where the corporation have settled with the land-owner in relation to such guards, passes and farm crossings.”

The eleventh section of the defendants’ charter also provides that “ if the said railroad, in the course thereof, shall…

2Cases cited1 opinion

  1. Whipple v. WalpoleSuperior Court of New Hampshire · 1839

3Cited by1 opinion

  1. Hoit v. RussellSupreme Court of New Hampshire · 1876

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