Cavanaugh v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1910, of the superior court by Pike, J. Edith Bolis, the plaintiff’s intestate, was killed by collision with the defendants’ train upon a highway grade crossing. At the time of her death she was about thirteen years old. She was driving alone in an open wagon, immediately following a carriage in which were three adults.
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Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1910, of the superior court by Pike, J. Edith Bolis, the plaintiff’s intestate, was killed by collision with the defendants’ train upon a highway grade crossing. At the time of her death she was about thirteen years old. She was driving alone in an open wagon, immediately following a carriage in which were three adults. She was driving slowly, would have seen the train if she had looked, and could have stopped within six feet of the crossing. The engineer testified that he saw the teams…
1Opinion of the CourtParsons, C. J.
The argument contained no statement of fact not in evidence. If the use of the word “protect” was an appeal to the jury to decide the case upon grounds which they could not properly take into consideration, the error was one of law which was cured by the instruction of the court. Seeton v. Dunbarton, 73 N. H. 134, 137; Leavitt v. Telephone Co., 72 N. H. 290, 292.
The remaining exception is to the denial of the motion for a nonsuit, -which was asked upon the ground of the absence of any evidence of care on the part of the person injured. As the case is drawn, it may be inferred that the…
2Cases cited5 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
- Union Pacific Railway Co. v. CappierSupreme Court of Kansas · 1903
- Murphy v. DeaneMassachusetts Supreme Judicial Court · 1869
3Cited by21 opinions
- Huggans v. Southern Pacific Co.California Court of Appeal · 1949
- Clark v. Boston & Maine RailroadSupreme Court of New Hampshire · 1935
- Johnson v. Director-General of RailroadsSupreme Court of New Hampshire · 1924
- Lee v. HustisSupreme Court of New Hampshire · 1920
- Osgood v. MaxwellSupreme Court of New Hampshire · 1915
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