Clark v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligently killing the plaintiff's horse on a highway railroad crossing. The plaintiff’s evidence tended to show that be exchanged horses at Newmarket village, August 28, 1885, and reached home at Newmarket Junction a little before nine o’clock in the evening, drove into his barn, and unharnessed his horse; that the horse escaped from him while he was reaching for the halter, and ran out of the barn into the highway towards his former home, two miles distant; that…
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Case, for negligently killing the plaintiff's horse on a highway railroad crossing. The plaintiff’s evidence tended to show that be exchanged horses at Newmarket village, August 28, 1885, and reached home at Newmarket Junction a little before nine o’clock in the evening, drove into his barn, and unharnessed his horse; that the horse escaped from him while he was reaching for the halter, and ran out of the barn into the highway towards his former home, two miles distant; that his servant immediately took another horse and started in pursuit; that the defendants’ express train, some thirty-five…
1Opinion of the CourtSmith, J.
The instructions were sufficiently favorable to the defendants. Under them the jury found that without any fault on the part of the plaintiff his horse was killed by the defendants’ careless and negligent management of their train. State v. Manchester & Lawrence Railroad, 52 N. H. 528, 565; Gale v. Lisbon, 52 N. H. 174; Norris v. Litchfield, 35 N. H. 271; Corey v. Bath, 35 N. H. 531.
The fact that the speed of the train was greater than that allowed by the statute (G. L., c. 162, s. 4) is evidence from which the jury might find that the defendants were guilty of negligence. Nutter v. B. & M.…
2Cases cited2 opinions
- Nutter v. Boston & Maine RailroadSupreme Court of New Hampshire · 1881
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1884
3Cited by6 opinions
- Chicago & Alton Railroad v. City of CarlinvilleIllinois Supreme Court · 1902
- Nadeau v. SawyerSupreme Court of New Hampshire · 1904
- Evans v. Concord RailroadSupreme Court of New Hampshire · 1890
- American R. Co. of Porto Rico v. LopezCourt of Appeals for the First Circuit · 1924
- Deming v. Boston & Maine RailroadSupreme Court of New Hampshire · 1917
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