Doody v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for tbe plaintiff for $750. The defendant’s motions for a nonsuit and the direction of a verdict in its favor were denied, subject to exception. Upon the plaintiff’s motion, the court sustained the verdict as to liability, set it aside as to damages, and ordered a new trial upon the latter issue. To this ruling the defendant excepted.
Read the full summary
Case, for negligence. Trial by jury and verdict for tbe plaintiff for $750. The defendant’s motions for a nonsuit and the direction of a verdict in its favor were denied, subject to exception. Upon the plaintiff’s motion, the court sustained the verdict as to liability, set it aside as to damages, and ordered a new trial upon the latter issue. To this ruling the defendant excepted. Transferred from the May term, 1913, of the superior court by Chamberlin, J. February 10, 1912, the plaintiff was engaged in hauling a load of logs along a highway which intersects with the defendant’s railroad at…
1Opinion of the CourtWalker, J.
The defendant’s motions for a nonsuit and for a verdict were properly denied. There was evidence from which the jury could find that the defendant was guilty of negligence which was the proximate cause of the plaintiff’s injuries. The plaintiff and his load of logs were not in a dangerous situation at the crossing, in the absence of a moving train at that point. Acting upon the idea that the train had passed, he was engaged in attaching a brake-chain to his sled and did not see or hear the train until it was upon him; but he testified that no whistle was sounded at the whistling post when the…
2Cases cited8 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- McDonald v. . WalterNew York Court of Appeals · 1869
- Benton v. . CollinsSupreme Court of North Carolina · 1899
- Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852
- Whitney v. City of MilwaukeeWisconsin Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Donnatin v. Union Hardware & Metal Co.California Court of Appeal · 1918
- Mutual Ben. Health & Accident Ass'n v. ThomasCourt of Appeals for the Eighth Circuit · 1941
- Wisutskie v. MalouinSupreme Court of New Hampshire · 1936
- Parizo v. WilsonSupreme Court of Vermont · 1929
- Chatelain v. ThackerayUtah Supreme Court · 1940
22 more not listed; retrieve them via the Exa API.