Boston & Maine Railroad v. Brackett
Supreme Court of New Hampshire
Case, for negligence, to recover the amount paid by the plaintiffs upon a judgment against them in favor of John W. Wright, their employee. Trial by jury and verdict for the plaintiffs.
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Case, for negligence, to recover the amount paid by the plaintiffs upon a judgment against them in favor of John W. Wright, their employee. Trial by jury and verdict for the plaintiffs. Transferred from the September term, 1901, of the superior court by Pike, J. The declaration alleged, among other things, that at the time of Wright’s injury he was engaged in moving a car upon a side track of which the defendants were owners, and which they had agreed, to keep in suitable condition for the use of the plaintiffs’ servants; and that by reason of the failure of the defendants to keep the track…
1Opinion of the CourtParsons, C. J.
The Boston & Maine Railroad, being sued by one Wright for an injury alleged to have been caused by tbeir negligence, upon the claim that the cause of Wright’s injury was the negligence-of the present defendants, the Bracketts, notified them of the pend-ency of Wright’s action and tendered to them the defence and management of the suit. The Bracketts did not assume the defence of Wright’s suit, but the same was unsuccessfully defended by the railroad, who have paid a judgment recovered by Wright. The principle is well settled that, by notice and and opportunity to defend, the persons notified…
2Cases cited5 opinions
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
- Churchill v. HoltMassachusetts Supreme Judicial Court · 1879
- Churchill v. HoltMassachusetts Supreme Judicial Court · 1881
- Old Colony Railroad v. SlavensMassachusetts Supreme Judicial Court · 1889
3Cited by14 opinions
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- Colorado & Southern Railway Co. v. Western Light & Power Co.Supreme Court of Colorado · 1923
- State v. CorronSupreme Court of New Hampshire · 1905
- McCullough v. John B. Varick Co.Supreme Court of New Hampshire · 1939
- Hubbard v. GouldSupreme Court of New Hampshire · 1906
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