Kingsbury v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence resulting in personal injury to the plaintiff. Verdict for the plaintiff. Transferred by Branch, J., from the May term, 1918, of the superior court. The declaration contained several counts, one of which alleged that the defendant was negligent in its maintenance of an electric bell system at the highway crossing where the plaintiff was injured while attempting to pass over the crossing in an automobile which collided with a south-bound train.
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Case, for negligence resulting in personal injury to the plaintiff. Verdict for the plaintiff. Transferred by Branch, J., from the May term, 1918, of the superior court. The declaration contained several counts, one of which alleged that the defendant was negligent in its maintenance of an electric bell system at the highway crossing where the plaintiff was injured while attempting to pass over the crossing in an automobile which collided with a south-bound train. Upon approaching the crossing, the plaintiff heard the bell ring when a northbound train passed the crossing, and thereupon…
1Opinion of the CourtWalker, J.
The burden was upon the plaintiff under the second count to show, by a preponderance of the evidence, that the warning-bell did not ring when the south-bound train passed the crossing, and that its failure to ring was due to the negligence of the defendant. If it is assumed in accordance with the testimony of the plaintiff and his brother that it did not ring, there is no evidence that its failure in this respect was due to the defendant's negligence. It appears from the plaintiff’s testimony that it did ring a short time before, upon the approach of the north-bound train. At that time the…
2Cases cited2 opinions
- Boucher v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
- Reynolds v. Burgess Sulphite Fibre Co.Supreme Court of New Hampshire · 1904
3Cited by7 opinions
- Vaca v. Southern Pacific Co.California Court of Appeal · 1928
- ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. v. MessmoreSupreme Court of Oklahoma · 1959
- Southern Pac. Co. v. KauffmanCourt of Appeals for the Ninth Circuit · 1931
- McCarthy v. Boston & Maine RailroadSupreme Court of New Hampshire · 1942
- Gillingham v. Boston & Maine RailroadSupreme Court of New Hampshire · 1941
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