Duggan 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 plaintiff. Transferred from the May term, 1906, of the superior court by Pike, J., upon the defendants’ exception to the denial of a motion for the direction of a verdict in their favor. A highway in East Manchester known as the Hall road crosses-the defendants’ railroad at grade. The highway runs north and south.
Read the full summary
Case, for negligently causing the death of the plaintiff’s intestate. Trial by jury and verdict for the plaintiff. Transferred from the May term, 1906, of the superior court by Pike, J., upon the defendants’ exception to the denial of a motion for the direction of a verdict in their favor. A highway in East Manchester known as the Hall road crosses-the defendants’ railroad at grade. The highway runs north and south. The railroad is built on a curve, but its general direction is east and west, and its grade is descending in both directions from the crossing. On the east side of the highway and…
1Opinion of the CourtYoung, J.
As the plaintiff’s intestate was but nine years old, it cannot be said as a matter of law that she was guilty of contributory negligence, even if she saw the train when she started to run over the crossing. Warren v. Railway, 70 N. H. 352; Bisaillon v. Blood, 64 N. H. 565; Napurana v. Young, (N. J.) 65 Atl. Rep. 1052; McLarty v. Railway, 127 Ga. 161.
It will not be necessary to consider whether she was rightfully or wrongfully on the crossing, for if she was wrongfully there that would not prevent the plaintiff from recovering, if “ at the time of the accident she was in the exercise of…
2Cases cited2 opinions
- McLarty v. Southern Railway Co.Supreme Court of Georgia · 1906
- Napurana v. YoungSupreme Court of New Jersey · 1907
3Cited by3 opinions
- Cote v. PalmerSupreme Court of Connecticut · 1940
- Chabott v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1913
- Langevin v. Twin State Gas & Electric Co.Supreme Court of New Hampshire · 1925