Gordon v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for injuries caused by the fright of the plaintiff’s horse through the negligent management of the defendants’ locomotive engine. The defendants’ track, a short distance from their depot, in the village of Exeter, crosses a public highway at grade.
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Case, for injuries caused by the fright of the plaintiff’s horse through the negligent management of the defendants’ locomotive engine. The defendants’ track, a short distance from their depot, in the village of Exeter, crosses a public highway at grade. At the time of the injury complained of, the plaintiff was driving along the highway, no moving train or engine being in sight, and when within about twenty feet of the crossing, steam was allowed suddenly to escape from a locomotive standing upon a side track about two rods from the highway where the plaintiff was riding. The sharp, shrill…
1Opinion of the CourtClark, J.
On the question whether the noise of escaping steam from the defendants’ locomotive was likely to frighten horses, the evidence that other horses passing along the highway had been frightened by it was admissible. Darling v. Westmoreland, 52 N. H. 401. So, also, was the evidence that the superintendent of the railroad had been notified some two years before the accident that the public travel was endangered by the management of the defendants’ engine at that place. This evidence tended to show that the defendants knew that other horses had been frightened by their locomotives, as managed by…
2Cases cited1 opinion
- Knight v. Goodyear's India Rubber Glove Manufacturing Co.Supreme Court of Connecticut · 1871
3Cited by5 opinions
- Parsons v. Crown Disposal Co.California Supreme Court · 1997
- Presby v. Grand Trunk RailwaySupreme Court of New Hampshire · 1891
- Gould v. HutchinsSupreme Court of New Hampshire · 1904
- Walker v. Boston & Maine RailroadSupreme Court of New Hampshire · 1887
- Parsons v. Crown Disposal Co.California Supreme Court · 1997