Legal Opinion

Deitch v. Boston & Maine Railroad

Supreme Court of New Hampshire

Decided June 6, 1939No. 3070Published

1Opinion of the Court

Marble, J. At

the time of the accident the defendant’s tracks at the Westland Avenue crossing were four in number. They ran approximately north and south and were within the limits of the Manchester yard. The most easterly track, on which the accident occurred, was a passing track. The train which struck the plaintiff’s automobile comprised 76 cars. It was coming into the yard from the south and was proceeding at a speed of about 15 miles an hour. Its length was about half a mile; its total weight about 2,400 tons.

A whistling post was situated at a point about 500 feet south of the crossing.…

2Cases cited2 opinions

  1. Wentworth v. Boston & Maine RailroadSupreme Court of New Hampshire · 1933
  2. Chevalier v. Boston & Maine RailroadSupreme Court of New Hampshire · 1938

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