Hall v. Brown
Supreme Court of New Hampshire
Case, for negligence, whereby the plaintiff’s horse was killed. Verdict for the defendants. The case is reported in 54 N. H. 496. The defendants, by permission of the White Mountains Railroad corporation, were accustomed to run their cars and engines over a part of the track of the corporation, including a highway crossing. The plaintiff claimed that the crossing was obstructed by the defendants’ cars, which (the evidence tended to show) were unloaded at the time.
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Case, for negligence, whereby the plaintiff’s horse was killed. Verdict for the defendants. The case is reported in 54 N. H. 496. The defendants, by permission of the White Mountains Railroad corporation, were accustomed to run their cars and engines over a part of the track of the corporation, including a highway crossing. The plaintiff claimed that the crossing was obstructed by the defendants’ cars, which (the evidence tended to show) were unloaded at the time. As tending to support their denial of this position, the defendants were permitted to introduce evidence of their custom to have a…
1Opinion of the CourtFoster, J.
This is not a proceeding to recover a penalty for an obstruction of the highway, under the provisions of Gen. St., c. 148, s. 7. The plaintiff, therefore, can maintain his cause only by showing actual fault or negligence of the defendants, such as would be sufficient to maintain the action at common law. Hall v. Brown, 54 N. H. 495. It makes no difference whether the defendants’ cars were standing upon a legally constituted railroad track, or upon the ground; nor, indeed, whether the obstruction was a train of cars, or an ox team, or a pile of lumber, or any other thing unlawfully and…
2Cases cited6 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Fuller v. Naugatuck RailroadSupreme Court of Connecticut · 1852
- Hine v. PomeroySupreme Court of Vermont · 1867
- Callan v. GaylordSupreme Court of Pennsylvania · 1834
- Allen v. BluntU.S. Circuit Court for the District of Massachusetts · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Daley v. Metropolitan Life InsuranceSupreme Court of New Hampshire · 1925
- Parkinson v. Nashua & Lowell R. R.Supreme Court of New Hampshire · 1881
- Buxton v. LanganSupreme Court of New Hampshire · 1939
6 more not listed; retrieve them via the Exa API.