Manning v. Manchester Street Railway
Supreme Court of New Hampshire
1Opinion of the CourtParsons, C. J.
It is very clear that there has been a mistrial. As the case was submitted to the jury, the duty imposed upon the defendant was that of care, as a legal user of a highway for travel, toward other members of the public legally exercising the same right, while the custom of the defendant’s employees in the stopping of the defendant’s cars was submitted for consideration on the question of the plaintiff’s care. It is obvious that if the plaintiff claims the rights of a traveler he must submit to the burden of having his conduct measured by that of like travelers, and that conduct which might be…
2Cases cited1 opinion
- McNicol's CaseMassachusetts Supreme Judicial Court · 1913
3Cited by5 opinions
- Locke v. PayneSupreme Court of New Hampshire · 1924
- Sheehy v. MurphyArizona Supreme Court · 1963
- Saunders v. Boston & Maine RailroadSupreme Court of New Hampshire · 1927
- Everett v. Littleton Construction Co.Supreme Court of New Hampshire · 1946
- Newell v. MoreauSupreme Court of New Hampshire · 1947