Boston & Maine Railroad v. Sargent
Supreme Court of New Hampshire
Case, for negligence. Plea, the general issue. Trial by jury and verdict for the defendant. Transferred from the October term, 1901, of the superior court by Stone, J. The declaration contains two counts.
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Case, for negligence. Plea, the general issue. Trial by jury and verdict for the defendant. Transferred from the October term, 1901, of the superior court by Stone, J. The declaration contains two counts. The first is to recover the amount paid by the plaintiffs in satisfaction of a judgment which the Rolfes obtained against them and the defendant jointly, for damages occasioned the Rolfes’ storehouse by fire communicated to it from a potato car in the plaintiffs’ railroad yard at Penaeook. The second is to recover damages which the plaintiffs sustained by reason of the destruction of the…
1Opinion of the CourtBingham, J.
1. The matters in issue in the Bolfes’ suit (Rolfe v. Railroad, 69 N. H. 476) were (1) the liability of Sargent for the loss occasioned the Bolfes by the destruction of their storehouse, through his operation of a portion of the railroad, and (2) the Bolfes’ freedom from fault contributing to that loss. In defence of the action, Sargent could have shown (1) that the Bolfes were guilty of contributory negligence, or (2) that he himself was free from fault, or (3) that the railroad was guilty of actual negligence which was the sole cause of the loss. It would not have been a defence for him to…
2Cases cited7 opinions
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Dobbins v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
- Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
- Vandiver & Co. v. PollakSupreme Court of Alabama · 1894
- Howe v. . Buffalo, N.Y. Erie R.R. Co.New York Court of Appeals · 1867
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3Cited by15 opinions
- State v. CorronSupreme Court of New Hampshire · 1905
- United States Fidelity & Guaranty Co. v. Thomlinson-Arkwright Co.Oregon Supreme Court · 1943
- State v. Bloomfield Construction Co., Inc.Supreme Court of Connecticut · 1940
- Lumbermen's Mutual Casualty Co. v. BissellMichigan Supreme Court · 1922
- Wentworth Hotel, Inc. v. F. A. Gray, Inc.Supreme Court of New Hampshire · 1970
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