Waldron v. Boston & Maine Railroad
Supreme Court of New Hampshire
The plaintiff’s evidence tended to prove the following facts: The decedent was forty-nine years old, in good health, and in full possession of his faculties. He was a board-sawyer by trade, and about a year before his death purchased a mill near the scene of the accident. During that year he had occasion to use this crossing frequently, and was familiar with it and its surroundings.
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The plaintiff’s evidence tended to prove the following facts: The decedent was forty-nine years old, in good health, and in full possession of his faculties. He was a board-sawyer by trade, and about a year before his death purchased a mill near the scene of the accident. During that year he had occasion to use this crossing frequently, and was familiar with it and its surroundings. He resided west of the track from June 1, 1901, and was accustomed to go across it to get ice from the house on the east side two ox three times a week. He went there on the day of the accident shortly after…
1Opinion of the CourtWalker, J.
The plaintiff cannot recover unless it appears that her intestate was at the time of his injury in the exercise of ordinary care, or was not himself guilty of negligence which alone, or in conjunction with the defendant’s negligence, was the proximate cause of his injury (Nashua Iron and Steel Co. v. Railroad, 62 N. H. 159); and the plaintiff is bound to prove this proposition by competent evidence. The fact alone that the injury occurred is not sufficient evidence of his care or freedom from negligence contributing to his injury. When there is no direct evidence bearing upon the question of…
2Cases cited6 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Bush v. Union Pacific RailroadSupreme Court of Kansas · 1901
- Carter v. Central Vermont RailroadSupreme Court of Vermont · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Neil v. Idaho & Washington Northern RailroadIdaho Supreme Court · 1912
- Piper v. Boston & Maine RailroadSupreme Court of New Hampshire · 1909
- Myers v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
- Theobald v. ShepardSupreme Court of New Hampshire · 1908
14 more not listed; retrieve them via the Exa API.