State v. Grand Trunk Railway
Supreme Court of New Hampshire
Indictment, under G. L., c. 282, s. 14, for killing John E. Willis. The defendant is proprietor of the railroad running through Milan. January 20, 1877, Willis was struck by the defendant’s locomotive, near the West Milan station, and killed. On that day, and for a long time before and ever since, the defendant run and operated a train of freight cars with a passenger car attached, called a mixed train.
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Indictment, under G. L., c. 282, s. 14, for killing John E. Willis. The defendant is proprietor of the railroad running through Milan. January 20, 1877, Willis was struck by the defendant’s locomotive, near the West Milan station, and killed. On that day, and for a long time before and ever since, the defendant run and operated a train of freight cars with a passenger car attached, called a mixed train. The train usually consisted of from twenty to twenty-five freight cars, besides the van, locomotive, and passenger car, and passed the West Milan station, going east, at 1 p. m. On the day in…
1Opinion of the CourtClark, J.
Upon the facts stated, a jury could not reasonably or properly find a verdict for the state. There is no evidence that the defendant was negligent, or that the deceased was exercising ordinary care at the time of the -injury. On the contrary, there is affirmative evidence of carelessness on the part of the deceased, and of the exercise of due care by the defendant.
It appears that the deceased was in full health and strength, bodily and mentally; that he was acquainted with the railway station and its surroundings, and with the train he intended to take and the way it was operated there; that…
2Cited by1 opinion
- Casey v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1894