Legal Opinion

Murphy v. Grand Trunk Railway Co.

Supreme Court of New Hampshire

Decided July 19, 1904PublishedCited by 4 opinions

Case, for personal injuries. Trial by jury and verdict for the plaintiff. At the close of the plaintiff’s evidence the defendants’ motion for a nonsuit was denied, and they excepted. Transferred from the November term, 1903, of the superior court by Stone, J. The plaintiff’s evidence tended to prove the following facts: At the time of his injury the plaintiff had been employed by the defendants for about seven years, and had served as conductor for three and one half years.

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Case, for personal injuries. Trial by jury and verdict for the plaintiff. At the close of the plaintiff’s evidence the defendants’ motion for a nonsuit was denied, and they excepted. Transferred from the November term, 1903, of the superior court by Stone, J. The plaintiff’s evidence tended to prove the following facts: At the time of his injury the plaintiff had been employed by the defendants for about seven years, and had served as conductor for three and one half years. On October 30,1901, his run was from Portland, Maine, to Island Pond, Vermont. He started from Portland with a freight…

1Opinion of the CourtYoung, J.

The only ground on which the plaintiff claims to recover is the defendants’ failure to furnish him with suitable instrumentalities with which to do his work; so the only questions raised by the defendants’ motion are whether there was any evidence from which it could bo found (1) that the defendants’ failure to equip this car with a suitable coupler was the legal cause of his injui-ies, (2) that the danger from using this coupler in the condition it was in at the time of the accident was not a risk he assumed, and (3) that he was free from fault at that time. Only-one of these questions will…

2Cases cited10 opinions

  1. Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
  2. Ela v. Postal Telegraph Cable Co.Supreme Court of New Hampshire · 1901
  3. Olney v. Boston & Maine RailroadSupreme Court of New Hampshire · 1902
  4. O'Hare v. Cocheco Manufacturing Co.Supreme Court of New Hampshire · 1901
  5. Davis v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Girard v. Grosvenordale Co.Supreme Court of Connecticut · 1909
  2. Roy v. HodgeSupreme Court of New Hampshire · 1907
  3. Paige v. M. T. Stevens & Son's Co.Supreme Court of New Hampshire · 1922
  4. Mellette v. Indianapolis Northern Traction Co.Indiana Court of Appeals · 1908

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