Mitchell v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for injuries caused by negligence. Trial by jury and verdict for the plaintiff. The accident occurred in the defendants’ railroad yard in the village of 'Woodsville.
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Case, for injuries caused by negligence. Trial by jury and verdict for the plaintiff. The accident occurred in the defendants’ railroad yard in the village of 'Woodsville. The plaintiff’s evidence tended to show that there was on May 21, 1888, and for a long time had been a foot-path across the yard which, with the defendants’ knowledge, their servants and people generally were accustomed to use as they had occasion; that on that day the defendants’ cattle train stood in the yard across the path at the place where on Mondays it usually stood, and where hogs,, sheep, and calves were sometimes…
1Opinion of the CourtCarpenter, J.
The evidence of the existence and use of the pathway across the railroad yard, and that at or near it animals were loaded upon or unloaded from the cattle train, was competent on the question of the defendants’ negligence. Their knowledge of its existence and use was material, and the evidence tended to show their knowledge. Known public travel, whether licensed or unlicensed, across their tracks would affect the measure of the ordinary care required of them. The conduct of a person of average prudence in doing his lawful business' is the legal standard of duty. Such a person running a…
2Cases cited6 opinions
- Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
- Frost v. Eastern RailroadSupreme Court of New Hampshire · 1886
- Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
- Felch v. Concord RailroadSupreme Court of New Hampshire · 1890
- Clark v. ManchesterSupreme Court of New Hampshire · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- United States v. CotterCourt of Appeals for the Second Circuit · 1932
- Ouellette v. BlanchardSupreme Court of New Hampshire · 1976
- Connolly v. Nicollet HotelSupreme Court of Minnesota · 1960
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- St. Louis S. F. R. Co. v. HodgeSupreme Court of Oklahoma · 1916
44 more not listed; retrieve them via the Exa API.