Call v. Portsmouth, Kittery & York Street Railway
Supreme Court of New Hampshire
The evidence tended to show that at the place of the accident, and for some distance westerly of it, the railway was lawfully located ten or eleven feet from the southerly line of the highway ; that formerly there was a fence within ten or twelve inches of the line upon which the southerly rail of the track was placed, separating the traveled part of the highway from Chauncey’s creek and a ditch; that this fence was removed by the defendants’ contractors when they built the…
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The evidence tended to show that at the place of the accident, and for some distance westerly of it, the railway was lawfully located ten or eleven feet from the southerly line of the highway ; that formerly there was a fence within ten or twelve inches of the line upon which the southerly rail of the track was placed, separating the traveled part of the highway from Chauncey’s creek and a ditch; that this fence was removed by the defendants’ contractors when they built the railway in 1897, and was not replaced opposite the place of the accident; that the ditch at that point was within the…
1Opinion of the Court
"Wallace, J.
The defendants’ motions for a nonsuit and for a verdict in their favor were properly denied, as there was evidence of negligence on the part of the defendants, and of due care on the part of the plaintiff, which warranted the submission of the ease to the jury. They could properly find on the evidence that the defendants were negligent (1) in suffering an open ditch to remain unguarded at the side and within the limits of the highway, from which ditch the fence or guard-rail had been removed in the construction of their railroad, thereby rendering the highway unsafe for travelers,…
2Cases cited5 opinions
- Parker v. Portland Publishing Co.Supreme Judicial Court of Maine · 1879
- Osgood v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1881
- Watson v. Portland & Cape Elizabeth Railway Co.Supreme Judicial Court of Maine · 1898
- Conway v. Lewiston & Auburn Horse RailroadSupreme Judicial Court of Maine · 1897
- Conway v. Lewiston & Auburn Horse RailroadSupreme Judicial Court of Maine · 1895
3Cited by3 opinions
- Bass v. Concord Street RailwaySupreme Court of New Hampshire · 1899
- Wilson v. Berlin Street RailwaySupreme Court of New Hampshire · 1930
- Dow v. Portsmouth, Kittery & York Street RailwaySupreme Court of New Hampshire · 1900