Chase v. Maine Central Railroad
Supreme Judicial Court of Maine
On exceptions and motion to set aside the verdict. An action by the administratrix of Edwin F. Chase for personal injuries received while crossing the defendant’s railroad at a private crossing in Richmond, February 24, 1882. The case has once before been considered by the law court and is reported in 77 Maine, 62. It appeared by the evidence introduced at the trial, that before the location of the railroad, one Blanchard lived on the farm near the river, and had an ordinary…
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On exceptions and motion to set aside the verdict. An action by the administratrix of Edwin F. Chase for personal injuries received while crossing the defendant’s railroad at a private crossing in Richmond, February 24, 1882. The case has once before been considered by the law court and is reported in 77 Maine, 62. It appeared by the evidence introduced at the trial, that before the location of the railroad, one Blanchard lived on the farm near the river, and had an ordinary farm way from his house to the highway ; that when the defendant’s railroad was constructed in 1850, it crossed this…
1Opinion of the CourtWalton, J.
We think the verdict in this case is clearly wrong. The rule is now firmly established in this State, as well as by courts generally, that it is negligence per se for a person to cross a railroad track without first looking and listening for a coming train. If his view is unobstructed, he may have no occasion to listen. But if his view is obstructed, then it is his duty to listen, and to listen carefully. And if one is injured at a railroad crossing by a passing train or locomotive, which might have been seen if he had looked, or heard if he had listened, presumptively he is guilty of…
2Cited by9 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Oleson v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1896
- Blackburn v. Southern Pacific Co.Oregon Supreme Court · 1898
- Carter v. Central Vermont RailroadSupreme Court of Vermont · 1900
- Houghton v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1894
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