Day v. Boston & Maine Railroad
Supreme Judicial Court of Maine
Motion by defendant. Case for causing the death of Edwin Day upon a grade crossing of the street with the defendants’ railroad in North Berwick. The plaintiff had a verdict of $4000. The facts are fully stated in the opinion. The train ran at an enormous rate of speed, so that it attracted especial attention of all observers that day. Said train was run towards and over Junkin’s- crossing that day at the rate of sixty miles per hour.
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Motion by defendant. Case for causing the death of Edwin Day upon a grade crossing of the street with the defendants’ railroad in North Berwick. The plaintiff had a verdict of $4000. The facts are fully stated in the opinion. The train ran at an enormous rate of speed, so that it attracted especial attention of all observers that day. Said train was run towards and over Junkin’s- crossing that day at the rate of sixty miles per hour. Junkin’s crossing being near the compact part of the town of North Berwick and without gates or flagman or automatic signals, the defendant therefore ran its…
1Opinion of the CourtEmery, J.
The evidence for the plaintiff shows the following : The plaintiff’s intestate, Edwin Day, in the forenoon of a summer day was driving alone in a hay rack drawn by one horse along a village street toward a grade crossing of the street with the railroad tracks of the defendant company in North Berwick. He was standing up next the front rail of the hay rack as he was thus driving. When first seen by any of the witnesses, he was driving along Portland street nearly parallel with the railroad tracks. He then turned from Portland street into Wells street which led more directly to the crossing,…
2Cited by13 opinions
- Virginia & S. W. Ry. Co. v. HawkCourt of Appeals for the Sixth Circuit · 1908
- Mutual Benefit Health & Accident Ass'n v. FrancisCourt of Appeals for the Eighth Circuit · 1945
- Toledo, St. L. & W. R. v. HoweCourt of Appeals for the Sixth Circuit · 1911
- Spang v. CoteSupreme Judicial Court of Maine · 1949
- United States Spruce Lumber Co. v. ShumateSupreme Court of Virginia · 1916
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