Davis v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligently causing the death of the plaintiff’s intestate. Trial by jury and verdict for the defendants. Transferred from the June term, 1908, of the superior court by Chamberlin, J., on the plaintiff’s exceptions to the admission and exclusion of evidence and to remarks of counsel interjected during the progress of the trial.
1Opinion of the CourtYoung, J.
1. The plaintiff’s intestate got drunk, drove his horse upon a' grade crossing, and was killed by the defendants’ engine. The engineer saw him before the accident, but the speed of the train was not materially checked until after he was killed. One issue submitted to the jury was why the speed was not checked, the plaintiff contending that it was due to the failure of the engineer to apply the brakes, and the defendants, to the failure of the brakes to hold the train. The train did pot stop as soon after the accident as the express messenger expected it to, and he exclaimed “ Why don’t they…
2Cases cited5 opinions
- Murray v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
- Folsom v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1896
- Hardy v. MerrillSupreme Court of New Hampshire · 1875
- Pattee v. WhitcombSupreme Court of New Hampshire · 1903
- Robinson v. StahlSupreme Court of New Hampshire · 1907
3Cited by12 opinions
- Dowling v. L. H. Shattuck, Inc.Supreme Court of New Hampshire · 1941
- Morrison v. Boston & Maine RailroadSupreme Court of New Hampshire · 1933
- Paquette v. Connecticut Valley Lumber Co.Supreme Court of New Hampshire · 1919
- Gardner v. Commercial MacHine Co.Supreme Court of New Hampshire · 1920
- Higgins v. CarrollSupreme Court of New Hampshire · 1933
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