Legal Opinion

Stowe v. Payne

Supreme Court of New Hampshire

Decided March 7, 1922PublishedCited by 5 opinions

Action, by an employee to recover for injuries received in the course of his employment, February 16, 1920, brought under the federal statute. Trial by jury and verdict for the plaintiff. The defendant’s motions for a nonsuit and a directed verdict were denied subject to exception.

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Action, by an employee to recover for injuries received in the course of his employment, February 16, 1920, brought under the federal statute. Trial by jury and verdict for the plaintiff. The defendant’s motions for a nonsuit and a directed verdict were denied subject to exception. There were also exceptions to the argument of plaintiff’s counsel, and to a refusal to set the verdict aside as against the law and the evidence, and as against the weight of the evidence, and as excessive. Transferred from the January term, 1921, of the superior court by Allen, J. The evidence and facts relevant…

1Opinion of the CourtParsons, C. J.

The plaintiff seeks damages because he says, as he stood upon the step of a locomotive proceeding slowly through the Nashua yard, in the act of alighting therefrom in the course of his employment, his heel struck a projecting ridge of ice or frozen snow knocking him from the step with resultant injuries. He charges negligence in permitting the existence of such an accumulation of snow or ice so near the track. The defendant answers that, considering the character of the season, the numerous snowfalls shortly preceding the accident, negligence cannot be found merely from the existence of the…

2Cases cited2 opinions

  1. Ingerson v. Grand Trunk RailwaySupreme Court of New Hampshire · 1919
  2. Crugley v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1919

3Cited by5 opinions

  1. Bennett v. LaroseSupreme Court of New Hampshire · 1926
  2. Wisutskie v. MalouinSupreme Court of New Hampshire · 1936
  3. Ingalls v. Maine Central RailroadSupreme Court of New Hampshire · 1928
  4. Judkins v. Exeter & Hampton Electric Co.Supreme Court of New Hampshire · 1924
  5. Toliver v. SaulDistrict Court, D. Alaska · 2020

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