Hill v. Portland & Rochester Railroad
Supreme Judicial Court of Maine
On Exceptions and Motion to set aside the verdict as being against law and evidence. Case, for personal injury to the plaintiff in consequence of his horse becoming frightened by the loud and sudden blowing of defendants’ locomotive whistle, at a railroad crossing near th'e Buxton station. The verdict was for the plaintiff, and the defendants alleged exceptions.
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On Exceptions and Motion to set aside the verdict as being against law and evidence. Case, for personal injury to the plaintiff in consequence of his horse becoming frightened by the loud and sudden blowing of defendants’ locomotive whistle, at a railroad crossing near th'e Buxton station. The verdict was for the plaintiff, and the defendants alleged exceptions. The case is sufficiently stated in the opinion. 1 Red field on Railroads, 397 ; Illinois Central Railroad v. Rudy, 17 111., 580-3; Gahagan v. B. & L. Railroad, 1 Allen, 187; Beaver v. B. & M. Railroad, 14 Gray, 469. 1 Greenl. on Ev.,…
1Opinion of the CourtKent, J.
The defendants move for a new trial on the ground that the verdict is against evidence and the weight *440of evidence. On a careful examination of the evidence as reported, we think there was evidence from which a jury might find these facts, viz., — ’that the plaintiff, driving a quiet and safe horse, stopped near the crossing, because the train was at the depot and apparently about to start, aud he did not think it prudent to attempt to pass over the track, the head of the engine being 15 or 20 feet only from the highway at the crossing; that the time of stopping the train at the depot was…
2Cited by39 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Illinois Central Railroad v. SmithIllinois Supreme Court · 1904
- Moody v. PeiranoCalifornia Court of Appeal · 1906
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