Chabott v. Grand Trunk Railway Co.
Supreme Court of New Hampshire
Case, for negligence. Trial by jury. Transferred from the December term, 1912, of the superior court by Chamberlin, J., on the plaintiff’s exceptions to an order of nonsuit and the exclusion of certain evidence. The evidence tended to prove the facts hereinafter stated.
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Case, for negligence. Trial by jury. Transferred from the December term, 1912, of the superior court by Chamberlin, J., on the plaintiff’s exceptions to an order of nonsuit and the exclusion of certain evidence. The evidence tended to prove the facts hereinafter stated. The defendants own and operate in the city of Berlin a line of railroad known as the Berlin Mills branch, which extends from the main line, across Main and other streets, to the yard of the Berlin Mills Company and is used solely for the transfer of freight to and from the mill yard. Trains pass over the branch daily with such…
1Opinion of the CourtParsons, C. J.
The liability for careless injury of a person incapable of taking care because of his youth, or mental or physical condition (Dorr v. Railway, 76 N. H. 160; Duggan v. Railroad, 74 N. H. 250; Wheeler v. Railway, 70 N. H. 607; Edgerly v. Railroad, 67 N. H. 312), is not in question. The plaintiff’s intestate, Nobert Chabott, at the time he was killed was forty-nine years old. His general health was good and he was in the full possession of his faculties. There is nothing to relieve the plaintiff from the fundamental rule in the law of negligence that freedom from fault contributing to the injury…
2Cases cited14 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Wheeler v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1900
- Cavanaugh v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
- Waldron v. Boston & Maine RailroadSupreme Court of New Hampshire · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1935
- Hussey v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926
- Oaks v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1916
- Bonnin v. Boston & Maine RailroadSupreme Court of New Hampshire · 1915
- Olsen v. Boston & Maine RailroadSupreme Court of New Hampshire · 1925
1 more not listed; retrieve them via the Exa API.