Legal Opinion

Hanson v. Manchester Street Railway

Supreme Court of New Hampshire

Decided November 7, 1905PublishedCited by 3 opinions

Case, for negligence. Trial by jury and verdict for tbe plaintiff. Transferred from tbe January term, 1904, of tbe superior-court by Peaslee, J. On Labor Day, 1900, tbe plaintiff was injured in a collision between a car of tbe defendant corporation and a team driven by one Reagan, with whom the plaintiff had ridden from place to place for some time prior to the accident.

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Case, for negligence. Trial by jury and verdict for tbe plaintiff. Transferred from tbe January term, 1904, of tbe superior-court by Peaslee, J. On Labor Day, 1900, tbe plaintiff was injured in a collision between a car of tbe defendant corporation and a team driven by one Reagan, with whom the plaintiff had ridden from place to place for some time prior to the accident. The plaintiff’s evidence tended to show tbat bis injury resulted from tlie motorman’s negligent failure to stop tbe car. The defendants’ evidence tended to show tbat Reagan was intoxicated and incapable of properly driving a…

1Opinion of the CourtParsons, C. J.

The defendants’ complaint is that the jury were not instructed as to the case made by their evidence. The evidence to which this complaint relates was, that the plaintiff was knowingly and without necessity riding with a drunken driver, and that at the time of the accident the driver Reagan was guilty of a negligent act which contributed to cause the injury and which might reasonably have been expected of one in the condition in which Hanson knew Reagan to be. If the jury were not directed to pass upon this evidence, it must be taken for the purposes of the case here that this evidence was…

2Cases cited2 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891

3Cited by3 opinions

  1. Clark v. Boston & Maine RailroadSupreme Court of New Hampshire · 1935
  2. Harriman v. MooreSupreme Court of New Hampshire · 1907
  3. Gibson v. BostonSupreme Court of New Hampshire · 1910

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