State v. Wentworth
Supreme Court of New Hampshire
Indictment, for placing obstructions upon tbe track of a railroad. The indictment alleged that the defendants, “ at Somersworth, on the 4th of March, 1857, with force and arms, feloniously, wilfully and maliciously did place upon the track of the railroad of the Boston and Maine Railroad, in Somersworth aforesaid, in the county aforesaid, two iron rails, two large stones and two large pieces of wood, being an obstruction to the passing of the railroad cars thereon, whereby…
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Indictment, for placing obstructions upon tbe track of a railroad. The indictment alleged that the defendants, “ at Somersworth, on the 4th of March, 1857, with force and arms, feloniously, wilfully and maliciously did place upon the track of the railroad of the Boston and Maine Railroad, in Somersworth aforesaid, in the county aforesaid, two iron rails, two large stones and two large pieces of wood, being an obstruction to the passing of the railroad cars thereon, whereby the lives of sundry persons, to wit, twenty persons, riding in said cars upon said railroad, were greatly endangered.” It…
1Opinion of the CourtEastman, J.
Several questions are raised by this ease, and some of them we have found to be not without difficulty.
The first question presented relates to the admissibility of the evidence showing obstructions upon the track of the railroad other than those for which the conviction was had. At about twenty minutes before 8 o’clock the train struck the obstructions for which the indictment was found. On the same evening, about forty minutes before the train hit the obstructions, there was found upon the track near the gas-house, about half a mile from the place where the train struck, an iron rail —…
2Cases cited4 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- State v. RoeSupreme Court of Vermont · 1840
- People v. Van BlarcumNew York Supreme Court · 1806
- Smith v. HigbeeSupreme Court of Vermont · 1840
3Cited by5 opinions
- United States v. American Radiator & Standard Sanitary Corp.Court of Appeals for the Third Circuit · 1970
- State v. SonthikoummaneSupreme Court of New Hampshire · 2000
- State v. DubeSupreme Court of New Hampshire · 1988
- United States v. American Radiator & Standard Sanitary CorporationCourt of Appeals for the Third Circuit · 1970
- United States v. American Radiator & Standard Sanitary CorporationCourt of Appeals for the Third Circuit · 1970