Hill v. Boston & Maine Railroad
Supreme Court of New Hampshire
Action of Tort, brought under a statute of Massachusetts (Acts 1907, c. 392, s. 1) for the negligent killing of the plaintiff’s intestate while a passenger on the defendant’s road. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1913, of the superior court by Plummer, J., on the defendant’s exceptions to the denial of motions for a nonsuit and the direction of a verdict in its favor.
1Opinion of the CourtWalker, J.
The negligence of the defendant seems to be conceded; but it is contended that the deceased was not a passenger at the time of his injury, within the meaning of the statute under which this action was brought. This question is principally one of fact for the jury; and if there was any substantial evidence in the case from which that fact could be found, the verdict upon that point was justified. In McKimble v. Railroad, 139 Mass. 542, it is held that a passenger on a railroad car continues to be such while rightfully leaving the car and the station at which he has stopped. The plaintiff’s…
2Cases cited20 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Slater v. Mexican National RailroadSupreme Court of the United States · 1904
- Brady v. DalySupreme Court of the United States · 1899
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3Cited by8 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- Daury v. FerraroSupreme Court of Connecticut · 1928
- Lapinski v. CopacinoConnecticut Superior Court · 1943
- Turner v. Capitol Motors Transportation Co.District Court, D. Maine · 1963
- Lapinski v. CopacinoPennsylvania Court of Common Pleas · 1943
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