Edgerly v. Union Street Railroad
Supreme Court of New Hampshire
Case, for injuries to Charles J. Edgerly, the plaintiff’s intestate and late husband, resulting in his instant death November 22, 1890, from the negligent management of one of the defendants’ cars propelled by electricity. The action is brought under Laws of 1887, c. 71. The first count in the declaration alleges that the deceased was run over and killed in consequence of the negligent management of one of the defendants’ cars by their servants.
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Case, for injuries to Charles J. Edgerly, the plaintiff’s intestate and late husband, resulting in his instant death November 22, 1890, from the negligent management of one of the defendants’ cars propelled by electricity. The action is brought under Laws of 1887, c. 71. The first count in the declaration alleges that the deceased was run over and killed in consequence of the negligent management of one of the defendants’ cars by their servants. The second count is similar to the first, except that it alleges that the deceased was lawfully in a public highway. The third count is similar to…
1Opinion of the CourtBlodgett, J.
To maintain the third count in her declaration, it was incumbent upon the plaintiff to show that her intestate was not only wrongfully ejected from the defendants’ car, but that the subsequent injury to him was the natural and probable consequence of the ejection, — such a consequence as might and ought to have been foreseen by the defendants as likely to result from their act. In both of these respects the plaintiff failed to make it appear that there existed any duty on the part of the defendants towards the deceased which was unfulfilled. His expulsion from the car was justifiable. All the…
2Cases cited6 opinions
- Putnam v. . B'dway Seventh Ave. R.R. Co.New York Court of Appeals · 1873
- Flint v. Norwich & New York Transportation Co.U.S. Circuit Court for the District of Connecticut · 1868
- Jencks v. ColemanU.S. Circuit Court for the District of Rhode Island · 1835
- Murphy v. Union Railway Co.Massachusetts Supreme Judicial Court · 1875
- Marquette v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Jaffe v. Philadelphia & Western R. CoCourt of Appeals for the Third Circuit · 1950
- McClanahan v. Vicksburg, S. & P. Ry. Co.Supreme Court of Louisiana · 1902
- Claiborne v. Chesapeake & O. Ry. Co.West Virginia Supreme Court · 1899
- Parkinson v. Concord Street RailwaySupreme Court of New Hampshire · 1901
- Chabott v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1913
9 more not listed; retrieve them via the Exa API.