Burnham v. Concord Railroad
Supreme Court of New Hampshire
■ Case, for negligence resulting in the death of the plaintiff’s intestate, John Clifford, March 26, 1889. The defendants claimed that the action was not seasonably brought under Laws 1887, c. 71, ss. 2, 3, and excepted to the ruling of the court against their claim.
Read the full summary
■ Case, for negligence resulting in the death of the plaintiff’s intestate, John Clifford, March 26, 1889. The defendants claimed that the action was not seasonably brought under Laws 1887, c. 71, ss. 2, 3, and excepted to the ruling of the court against their claim. The plaintiff offered evidence that Clifford, a freight brakeman in the defendants’ employ, was struck by an overhead archway at the north end of the freight house at Manchester and injured so that he died the same night. He had been employed as night brakeman in the yard at Manchester for thirteen days before the accident,…
1Opinion of the CourtParsons, J.
Where, after a motion for a nonsuit is erroneously denied, the defendant, instead of risking his case upon the exception, goes on with the trial and introduces evidence, the exception is waived if the deficiency in evidence is supplied by one side or the other before the case goes to the jury. Gagnon v. Dana, ante, p. 264; Fletcher v. Thompson, 55 N. H. 308; Prescott v. Hayes, 43 N. H. 593, 598; Oakes v. Thornton, 28 N. H. 44; Bowman v. Sanborn, 25 N. H. 87, 108; Clough v. Bowman, 15 N. H. 504, 515. Under such circumstances, therefore, an exception to the denial of a motion for a nonsuit made…
2Cases cited1 opinion
- Chairman of County Court ex rel. County Trustee v. SawyersTennessee Supreme Court · 1850
3Cited by4 opinions
- Boyce v. JohnsonSupreme Court of New Hampshire · 1903
- Lane v. Manchester MillsSupreme Court of New Hampshire · 1908
- Mechanics Savings Bank v. FeeneySupreme Court of New Hampshire · 1919
- Copeland v. Exeter, Hampton & Amesbury Street Railway Co.Supreme Court of New Hampshire · 1915