Chase v. Maine Central Railroad
Supreme Judicial Court of Maine
On exceptions, and motion to set aside the verdict and for a new trial. An action by the administratrix of Edwin F. Chase, for personal injuries received in a collision with a train of cars controlled by the servants of the defendant at a private crossing in Richmond, February 24, 1882. The writ was dated July 3, 1882. The plea was the general issue. The verdict was for three thousand seven hundred eight dollars and thirty-three cents. The opinion states the material facts.
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On exceptions, and motion to set aside the verdict and for a new trial. An action by the administratrix of Edwin F. Chase, for personal injuries received in a collision with a train of cars controlled by the servants of the defendant at a private crossing in Richmond, February 24, 1882. The writ was dated July 3, 1882. The plea was the general issue. The verdict was for three thousand seven hundred eight dollars and thirty-three cents. The opinion states the material facts. The evidence tending to show that the deceased was a cautious man was properly admitted in this case, because his acts…
1Opinion of the CourtPeters, C. J.
The intestate’s sleigh collided with a train at a railroad crossing. He thereby received an injury and very soon afterwards died. He never was conscious enough after the injury to tell how the accident happened. No one was with him at the time. No one saw him at the moment of the collision. As evidence that he could not have been guilty of any negligence which contributed to the accident, witnesses who had been his neighbors for some time were permitted to testify to their opinion of his general character for carefulness. We think this was overstepping the limit allowed to collateral evidence…
2Cases cited2 opinions
- Barry v. New York Central & Hudson River RailroadNew York Court of Appeals · 1883
- Morris v. Town of East HavenSupreme Court of Connecticut · 1874
3Cited by20 opinions
- Oleson v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1896
- Zucker v. . WhitridgeNew York Court of Appeals · 1912
- Spiking v. Consolidated Ry. & Power Co.Utah Supreme Court · 1908
- Cunningham v. Los Angeles Railway Co.California Supreme Court · 1897
- Atlanta & West Point Railroad v. NewtonSupreme Court of Georgia · 1890
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