Felch v. Concord Railroad
Supreme Court of New Hampshire
Case, for injuries from negligence. Two actions • were tried together, one by the plaintiff as administrator, for injuries resulting in the death of his minor son, Willis Felch, and one by the plaintiff in his own right, for medical and surgical attendance upon Willis, and for damage to the plaintiff’s team from the same accident.
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Case, for injuries from negligence. Two actions • were tried together, one by the plaintiff as administrator, for injuries resulting in the death of his minor son, Willis Felch, and one by the plaintiff in his own right, for medical and surgical attendance upon Willis, and for damage to the plaintiff’s team from the same accident. The plaintiff’s evidence tended to show that on the 9th of February, 1883, Willis Felch, son of the plaintiff, of the age of about eleven years, under direction of his father, drove his father’s team and load of wood across the track of the defendants’ railroad,…
1Opinion of the Court
The motions (1) for a nonsuit and (2) to set aside the verdict rest on the same ground, and were properly denied. It was unnecessary for the plaintiff to prove that Willis was rightfully on the defendants' track, or, if he was wrongfully there, that the defendants wantonly or wilfully ran upon and injured him. Upon the question whether the plaintiff or the defendants were entitled to a verdict, the first four special findings of the jury were immaterial. Evidence tending to prove that the defendants wantonly or wilfully drove their engine upon Willis was irrelevant, except perhaps on the…
2Cases cited4 opinions
- Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
- Fay v. ParkerSupreme Court of New Hampshire · 1872
- Bisaillon v. BloodSupreme Court of New Hampshire · 1888
- Simpson v. City Savings BankSupreme Court of New Hampshire · 1876
3Cited by18 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Palmer v. Oregon Short Line R.Utah Supreme Court · 1908
- United Shoe MacHinery Corporation v. PaineCourt of Appeals for the First Circuit · 1928
- Shea v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1898
- Batchelder v. Manchester Street RailwaySupreme Court of New Hampshire · 1903
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