Walker v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case. The plaintiff testified that November 3, 1881, he was driving on the highway southerly towards the defendants’ station in Madbury, and when about one hundred rods from it, observed the defendants’ locomotive engine, with a freight-car attached, approaching from the west; that he drove to a point about six rods distant from the railroad crossing at the station, and there stopped, in plain sight of the crossing; that the engine stopped directly on the crossing; that…
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Case. The plaintiff testified that November 3, 1881, he was driving on the highway southerly towards the defendants’ station in Madbury, and when about one hundred rods from it, observed the defendants’ locomotive engine, with a freight-car attached, approaching from the west; that he drove to a point about six rods distant from the railroad crossing at the station, and there stopped, in plain sight of the crossing; that the engine stopped directly on the crossing; that while it was there standing, the engineer sounded the steam whistle four to six times in rapid succession ; that they were…
1Opinion of the CourtClark, J.
The plaintiff was a traveller on the highway. The evidence tended to show that the noise of the steam whistles from the defendants’ locomotive engine was of an unusual character, and that the plaintiff’s horse, which was kind and gentle and not afraid of the cai’s, was frightened by it. Whether the plaintiff was in the exercise of reasonable care, whether the sounding of the whistles was reasonably necessary, and whether the defendants exercised reasonable care to prevent injury to the plaintiff, were questions for the jury. Gordon v. Railroad, 58 N. H. 396 ; Ruland v. South Newmarket, 59 N.…
2Cases cited3 opinions
- Gordon v. Boston & Maine RailroadSupreme Court of New Hampshire · 1878
- Lewis v. Eastern RailroadSupreme Court of New Hampshire · 1880
- Ruland v. South NewmarketSupreme Court of New Hampshire · 1879
3Cited by1 opinion
- Ayers v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894