McCarthy v. Bangor & Aroostook R. R. Co.
Supreme Judicial Court of Maine
On motion by the defendant for a new trial. Motion sustained. New trial granted. This is an action on the case in favor of William McCarthy, who sues this action by next friend, against the defendant corporation to recover damages for injuries received by him because of the alleged negligence of the defendant.
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On motion by the defendant for a new trial. Motion sustained. New trial granted. This is an action on the case in favor of William McCarthy, who sues this action by next friend, against the defendant corporation to recover damages for injuries received by him because of the alleged negligence of the defendant. The plaintiff, while crossing the defendant’s railroad track in Yan Burén on September 29,1910, was struck by the locomotive of said defendant’s train and received the injuries complained of. The defendant pleaded the general issue. The jury rendered a verdict for the plaintiff for ten…
1Opinion of the CourtSavage, C. J.
The plaintiff, a boy of fourteen years, while driving a milk cart in the highway across the defendant’s railroad was struck by the locomotive of a train and severely injured. In this action, in which he seeks to recover the damages sustained by him on account of the injuries, he counts on the defendant’s negligence in the following particulars only; that the train was “driven negligently and carelessly by said defendant,” that no whistle was blown before reaching the crossing; that the defendant was unmindful of its duties to the plaintiff, and that the defendant “was negligent, careless and…
2Cited by11 opinions
- Dalley v. Mid-Western Dairy Products Co.Utah Supreme Court · 1932
- Teche Lines, Inc. v. BoundsMississippi Supreme Court · 1938
- Geigy Chemical Corporation v. Lewis AllenCourt of Appeals for the Fifth Circuit · 1955
- Elsworth v. GlindmeyerMississippi Supreme Court · 1970
- Valiotis v. Utah-Apex Mining Co.Utah Supreme Court · 1919
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