Heald v. Concord & Montreal Railroad
Supreme Court of New Hampshire
Case, for personal injuries. Verdict for the plaintiff. While the plaintiff was attempting to pass over a railroad crossing in Manchester, with his horse and wagon, his horse became frightened by the lowering of the bars or gates which were used by the defendants to prevent teams from crossing the tracks, when locomotives wrere passing over them. Being unable to manage his horse, he was thrown upon the ground and injured.
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Case, for personal injuries. Verdict for the plaintiff. While the plaintiff was attempting to pass over a railroad crossing in Manchester, with his horse and wagon, his horse became frightened by the lowering of the bars or gates which were used by the defendants to prevent teams from crossing the tracks, when locomotives wrere passing over them. Being unable to manage his horse, he was thrown upon the ground and injured. The tracks at this point were used to a large extent for the purpose of shifting cars. In his closing argument to the jury plaintiff’s counsel said: “You have some idea of…
1Opinion of the Court
Per Curiam. *
The plaintiff’s counsel stated in effect that the defendants had tolerated a dangerous practice of lowering the gates at the crossing “ for all this time,” meaning apparently for a long time. The jury were told, not merely that this dangerous act occurred at the time of the accident, of which there was competent evidence, but that such acts were of frequent occurrence when teams were upon the crossing, of which there was no competent evidence. The statement was testimony given by counsel,— an unsworn witness, not subject to the test of cross-examination. It was testimony upon a…
2Cases cited3 opinions
- Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
- Noble v. PortsmouthSupreme Court of New Hampshire · 1892
- Jordan v. WallaceSupreme Court of New Hampshire · 1891
3Cited by2 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900