Patenaude v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury. Transferred from the September term, 1912, of the superior court by Chamberlin, J., on the plaintiff’s exception to an order of nonsuit. The plaintiff was injured while stealing a ride on a freight train in the defendants’ yard at Nashua. A brakeman saw him hanging to the side of a box car at Stevens avenue, told him to get off, and threw coal at him when he failed to comply with the order.
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Case, for personal injuries. Trial by jury. Transferred from the September term, 1912, of the superior court by Chamberlin, J., on the plaintiff’s exception to an order of nonsuit. The plaintiff was injured while stealing a ride on a freight train in the defendants’ yard at Nashua. A brakeman saw him hanging to the side of a box car at Stevens avenue, told him to get off, and threw coal at him when he failed to comply with the order. The. crossing tender at Everett street saw what was going on and assaulted the plaintiff so fiercely that he was compelled to get in between the cars, or jump…
1Opinion of the CourtYoung, J.
Since the act of the crossing tender caused the plaintiff’s injury, the test to determine whether the court erred in taking the case from the jury is to inquire whether it can be found that the crossing tender was employed to remove trespassers from passing freight trains or to assist in removing them. Turley v. Railroad, 70 N. H. 348. There is no evidence either as to what this crossing tender was employed to do, or as to what crossing tenders are ordinarily employed to do; and it is not common knowledge that it is a part of their ordinary duty to assist in removing trespassers from passing…
2Cases cited1 opinion
- Turley v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
3Cited by2 opinions
- Richard v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1920
- Newkirk v. Oregon-Washington Railroad & Navigation Co.Oregon Supreme Court · 1929