Hardy v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for injuries to the plaintiff’s intestate caused by tlie defendants’ negligence. Trial by jury and verdict for the plaintiff. At the close of the plaintiff’s evidence the defendants moved for a nonsuit; and at the close of the evidence on both sides they moved that a verdict be directed in their favor. Both motions were denied, subject to their exception. The evidence tended to prove the following facts : The deceased, William II.
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Case, for injuries to the plaintiff’s intestate caused by tlie defendants’ negligence. Trial by jury and verdict for the plaintiff. At the close of the plaintiff’s evidence the defendants moved for a nonsuit; and at the close of the evidence on both sides they moved that a verdict be directed in their favor. Both motions were denied, subject to their exception. The evidence tended to prove the following facts : The deceased, William II. Hardy, was employed by the defendants as head brakeman upon a freight train running over the Concord & Claremont road. He was thirty-three years old, five…
1Opinion of the CourtChase, J.
Assuming the truth of the evidence (Bullard v. Railroad, 64 N. H. 27, 30), and construing it most favorably for the plaintiff {Lyman v. Railroad, 66 N. H. 200), does it conclusively appear that the injury to the deceased was caused by dangers of which he assumed the risk when he entered the defendants’ service ? Is the evidence so definite and convincing that fair-minded men might not arrive at opposite conclusions in answering this question ? Unless it is, it cannot be said that the jury could not properly find a verdict for the plaintiff) and the denial of the motion for a nonsuit must be…
2Cases cited6 opinions
- Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
- Lyman v. Boston & Maine RailroadSupreme Court of New Hampshire · 1890
- Paine v. Grand Trunk Railway of CanadaSupreme Court of New Hampshire · 1879
- Henderson v. WilliamsSupreme Court of New Hampshire · 1890
- Bancroft v. Boston & Maine RailroadSupreme Court of New Hampshire · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gentzkow v. Portland Railway Co.Oregon Supreme Court · 1909
- Whitcher v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
- Saad v. PapageorgeSupreme Court of New Hampshire · 1926
- Theobald v. ShepardSupreme Court of New Hampshire · 1908
- Miller v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905
2 more not listed; retrieve them via the Exa API.