Presby v. Grand Trunk Railway
Supreme Court of New Hampshire
Case, for injuries on the highway crossing at North Stratford, October 9, 1888, by reason of the defendants’ obstruction of the crossing, defective crossing, escape of steam from a locomotive, and neglect in giving the warning signals required by statute. The defendants’ track crosses the,highway west of their station at North Stratford at grade and at a right angle.
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Case, for injuries on the highway crossing at North Stratford, October 9, 1888, by reason of the defendants’ obstruction of the crossing, defective crossing, escape of steam from a locomotive, and neglect in giving the warning signals required by statute. The defendants’ track crosses the,highway west of their station at North Stratford at grade and at a right angle. The general direction of the highway is northeast and southwest, and of the defendants’ track and road-bed southeast and northwest. Parallel with the main track and seven feet southwesterly from it is a side track extending…
1Opinion of the CourtClark, J.
To maintain his action the plaintiff must show that his injury was caused by the defendants’ want of ordinary care. He complains that the defendants were negligent in blowing off steam and thereby frightening his horse; in not giving notice of the approach of the train by ringing the bell for a distance of eighty rods before reaching the crossing; in leaving box-cars on the side track, one of which was within the limits of the highway in such a position that the view of the train was obscured; in not having a flagman or gates at the crossing; in placing a hand-car and semaphore post in the…
2Cases cited3 opinions
- Hall v. BrownSupreme Court of New Hampshire · 1877
- Parkinson v. Nashua & Lowell R. R.Supreme Court of New Hampshire · 1881
- Gordon v. Boston & Maine RailroadSupreme Court of New Hampshire · 1878
3Cited by5 opinions
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- Lynch v. L. B. Sprague, Inc.Supreme Court of New Hampshire · 1949