Gibson v. Maine Central Railroad
Supreme Court of New Hampshire
Case, for personal injuries resulting in the death of Horace E. Cheney, the plaintiff’s intestate. Trial by jury and verdict for the plaintiff. Transferred from the June term, 1908, of the superior court by Qhamberlin, J., on the defendants’ exceptions to the denial of their motions for a nonsuit and the direction of a verdict in their favor. The accident occurred at a railroad crossing on Kearsarge street in the village of North Conway.
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Case, for personal injuries resulting in the death of Horace E. Cheney, the plaintiff’s intestate. Trial by jury and verdict for the plaintiff. Transferred from the June term, 1908, of the superior court by Qhamberlin, J., on the defendants’ exceptions to the denial of their motions for a nonsuit and the direction of a verdict in their favor. The accident occurred at a railroad crossing on Kearsarge street in the village of North Conway. Cheney rode upon the crossing on a bicycle without observing an approaching train and was not seen by the trainmen. Other facts appear in the opinion.
1Opinion of the CourtPeaslee, J.
It is conceded that there was evidence of the defendants’ negligence, and the first question raised by the defendants’ exception to the denial of their motion for a verdict is whether there was evidence from which it could be found that the deceased was in the exercise of due care. He was a boy fifteen years of age and had lived for some time in the vicinity of the crossing where he was injured. He had often passed over it, and was acquainted with the method of managing trains and giving signals in that locality. He was riding a bicycle and was approaching the crossing at about ten miles an…
2Cases cited10 opinions
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Waldron v. Boston & Maine RailroadSupreme Court of New Hampshire · 1902
- Batchelder v. Boston & Maine RailroadSupreme Court of New Hampshire · 1904
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
- Wright v. Boston & Maine RailroadSupreme Court of New Hampshire · 1907
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3Cited by5 opinions
- Johnson v. Director-General of RailroadsSupreme Court of New Hampshire · 1924
- Greenwood v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Connelly v. Central Vermont RailwaySupreme Court of New Hampshire · 1914
- Coyle v. Boston & Maine RailroadSupreme Court of New Hampshire · 1915
- Cavanaugh v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911