Nutter v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for injuries from the negligent management of the defendants’ cars at a street crossing. There was evidence that on the afternoon of the accident the plaintiff, in Dover, walked from one street to another parallel street upon the defendants’ railroad, which crossed both streets at grade.
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Case, for injuries from the negligent management of the defendants’ cars at a street crossing. There was evidence that on the afternoon of the accident the plaintiff, in Dover, walked from one street to another parallel street upon the defendants’ railroad, which crossed both streets at grade. He walked by a path between the two tracks of the railroad, and when he reached the second street and turned to cross one of the tracks within the limits of the street, he was struck by the defendants’ train of cars and injured. From the point where he was struck to the railroad station from which the…
1Opinion of the CourtAllen, J.
The defendants’ motion for a verdict was founded on the claim that there was no evidence at the trial that the plain tiff was in the exercise of reasonable care at the time of the injury. There was evidence that the defendants’ train was running at an unlawful rate of speed, and this fact might affect the question of the plaintiff’s care. It may have been reasonable for the plaintiff to act upon the belief that the defendants were aware of the speed law, and would obey it. State v. Boston & Maine Railroad, 58 N. H. 408, 410. The fact that the plaintiff did not stop and look for the…
2Cases cited1 opinion
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
3Cited by15 opinions
- Cook v. New DurhamSupreme Court of New Hampshire · 1887
- Bass v. Concord Street RailwaySupreme Court of New Hampshire · 1899
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
- Parkinson v. Nashua & Lowell R. R.Supreme Court of New Hampshire · 1881
- Evans v. Concord RailroadSupreme Court of New Hampshire · 1890
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