Collins v. Hustis
Supreme Court of New Hampshire
Actions, to recover for the death of the plaintiffs’ intestates, Nora K. Collins and Joseph I. O’Brien, caused by a collision, June 27,1917, between an automobile in which the deceased were riding and a passenger train upon a grade crossing of the defendant railroad and the East Side road in Milton. The defendants in each case excepted to the denial of their motions for a nonsuit and a directed verdict.
Read the full summary
Actions, to recover for the death of the plaintiffs’ intestates, Nora K. Collins and Joseph I. O’Brien, caused by a collision, June 27,1917, between an automobile in which the deceased were riding and a passenger train upon a grade crossing of the defendant railroad and the East Side road in Milton. The defendants in each case excepted to the denial of their motions for a nonsuit and a directed verdict. Transferred from the February term, 1919, of the superior court by Marble, J. The evidence relevant to the exceptions is stated in the opinion.
1Opinion of the CourtParsons, C. J.
In support of their exceptions the defendants contend that the evidence conclusively establishes the fault of the parties injured and is insufficient to authorize a finding of fault in the defendants as a cause of the injuries sued for.
As to Joseph I. O’Brien the first contention is well founded and the exceptions in the suit of O’Brien, Adm’r, are sustained.
The plaintiffs’ evidence was that O’Brien was an experienced automobile driver, acquainted with the crossing upon which he was killed; was accustomed from his business of hotel manager in Rochester to keep himself informed as to the time…
2Cases cited1 opinion
- State v. Maine Central RailroadSupreme Judicial Court of Maine · 1884
3Cited by25 opinions
- Bisson v. John B. Kelly, Inc.Supreme Court of Pennsylvania · 1933
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Collette v. Boston & Maine RailroadSupreme Court of New Hampshire · 1928
- Stocker v. Boston & Maine RailroadSupreme Court of New Hampshire · 1928
- Carbone v. Boston & Maine RailroadSupreme Court of New Hampshire · 1937
20 more not listed; retrieve them via the Exa API.