Hearn v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for personal injuries received by the plaintiff while travelling in a highway over a railroad crossing in Rochester, through the defendants’ negligence in leaving a car upon the crossing.
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Case, for personal injuries received by the plaintiff while travelling in a highway over a railroad crossing in Rochester, through the defendants’ negligence in leaving a car upon the crossing. The defendants pleaded in a brief statement, and offered to prove that the plaintiff brought a prior action in this court against the town for the same injuries; that the railroad corporation, having received notice of the action from the town, appeared and conducted the defence; and that the town prevailed, and recovered judgment against the plaintiff. Trial by jury, and verdict for the plaintiff. The…
1Opinion of the CourtChase, J.
The plaintiff seeks to recover of the defendants at common law (Elliot v. Concord, 27 N. H. 204) for the same injury for which he failed to recover of the town under the statute. G. L., c. 75, s. 1. Had he obtained judgment against the town, the defendants, if they placed the car in the highway, would have been bound to reimburse the town for the damages and costs. G. L., c. 76, s. 7; Elliot v. Concord, 27 N. H. 204; Littleton v. Richardson, 34 N. H. 179; Manchester v. Quimby, 60 N. H. 10. Notice of the pendency of the first action was given to the defendants by the town for the purpose of…
2Cases cited4 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Lawrence v. HuntNew York Supreme Court · 1833
- Sheldon v. PerkinsSupreme Court of Vermont · 1865
3Cited by8 opinions
- State v. CorronSupreme Court of New Hampshire · 1905
- Matson v. PoncinSupreme Court of Iowa · 1911
- Hubbard v. GouldSupreme Court of New Hampshire · 1906
- Beckley v. AlexanderSupreme Court of New Hampshire · 1914
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
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