Allen v. Maine Central Railroad
Supreme Judicial Court of Maine
On motion, by defendants to set aside the verdict as against law and evidence, and because of excessive damages. This was an action on the case for the loss of the plaintiff’s right band, and other injuries while driving over a crossing of the Maine Central Railroad, on Pearl street, in Bath, August 20, 1888. The jury rendered a verdict for tbe plaintiff for $7,500. On tbe morning of the accident the plaintiff starts from a point 134 feet west of the crossing.
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On motion, by defendants to set aside the verdict as against law and evidence, and because of excessive damages. This was an action on the case for the loss of the plaintiff’s right band, and other injuries while driving over a crossing of the Maine Central Railroad, on Pearl street, in Bath, August 20, 1888. The jury rendered a verdict for tbe plaintiff for $7,500. On tbe morning of the accident the plaintiff starts from a point 134 feet west of the crossing. The crossing is a dangerous one. The road to it leads down a steep hill with the crossing at the foot. All view of the track from his…
1Opinion of the CourtHaskell, J.
Defendants’ railroad crosses Pearl street, in Bath, at tbe foot of a sharp pitch in that street, at the top of which, and 134 feet distant from tbe railroad, stands tbe shop of Mr. Ward.
Tbe plaintiff’s own account of tbe circumstances attending bis injury is, in substance, that, for several months before the accident, be bad been in tbe employ of Ward, driving a “meat team,” and was familiar with tbe street, the railroad crossing, and tbe running of tbe railroad trains; that, on the morning of tbe accident, knowing that tbe morning train from Bath bad not passed, be listened for it, did not…
2Cited by6 opinions
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- Carter v. Central Vermont RailroadSupreme Court of Vermont · 1900
- Edwards v. KellyMississippi Supreme Court · 1903
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