Wright v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, fox negligence in consequence of which Harlie C. Wright, the plaintiff’s intestate, was killed at a grade crossing in Nashua. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1906, of the superior court by Stone, J., on the defendants’ exception to the denial of their motion for a non-suit.
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Case, fox negligence in consequence of which Harlie C. Wright, the plaintiff’s intestate, was killed at a grade crossing in Nashua. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1906, of the superior court by Stone, J., on the defendants’ exception to the denial of their motion for a non-suit. There was evidence tending to prove the following facts: On March 5, 1905, at about nine o’clock in the evening, Wright, who was on foot and alone, attempted to pass over the defendants’ tracks at the Elm-street crossing, where there are three tracks running east and…
1Opinion of the Court
Walker, ,T.
In Huntress v. Railroad, 66 N. H. 185, 190, the court say: “A person of ordinary prudence, exercising the caution and vigilance which the law has adopted as the test of duty, might make an extremely hazardous attempt to cross a railroad in front of a train. From the mere fact of great danger, it does not necessarily follow that he exposed himself recklessly and consciously. When there is no evidence of insanity, intoxication, or suicidal purpose, and no evidence on the question of his care, except the instinct provided for the preservation of animal life, it may be inferred from…
2Cases cited20 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Baltimore & Potomac R. Co. v. LandriganSupreme Court of the United States · 1903
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
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3Cited by13 opinions
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1935
- Adams v. SeveranceSupreme Court of New Hampshire · 1945
- Theobald v. ShepardSupreme Court of New Hampshire · 1908
- Tracy v. WelchSupreme Court of Connecticut · 1929
- Bridges v. Great Falls Manufacturing Co.Supreme Court of New Hampshire · 1931
8 more not listed; retrieve them via the Exa API.