Kambour v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the May term, 1911, of the superior court by Pike, J., on the defendants’ exceptions to the denial of a ,motion for the direction of a verdict in their favor and to a remark of the plaintiff’s counsel in closing argument. The plaintiff was less than fourteen years old at the time of his injury.
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Case, for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the May term, 1911, of the superior court by Pike, J., on the defendants’ exceptions to the denial of a ,motion for the direction of a verdict in their favor and to a remark of the plaintiff’s counsel in closing argument. The plaintiff was less than fourteen years old at the time of his injury. He lived in Blair and attended school in Plymouth, riding back and forth every day over the defendants’ road. The train on which he came to Plymouth usually slackened speed at a crossing near the school, and when…
1Opinion of the CourtYoung, J.
The defendants insist that the court erred in denying their motion for a directed verdict because, as they say, it conclusively appears (1) that -the plaintiff assumed the risk of his injury, (2) that they were free from fault, and (3) that he was guilty of contributory negligence.
1. Although the plaintiff did not think it was dangerous to jump, from the train when and as he did, he knew that if he jumped he might be injured; that is, although he did not know how dangerous jumping from a moving train really was, he knew it was accompanied with more or less danger. From this, the defendants…
2Cases cited33 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
28 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Marshall v. NugentCourt of Appeals for the First Circuit · 1955
- Papakalos v. ShakaSupreme Court of New Hampshire · 1941
- Joseph Galvin v. William H. Jennings, Individually and Trading as Poison Pete's TavernCourt of Appeals for the Third Circuit · 1961
- Allen v. Dover Co-Recreational Softball LeagueSupreme Court of New Hampshire · 2002
- Prichard v. BoscawenSupreme Court of New Hampshire · 1916
21 more not listed; retrieve them via the Exa API.