Miller v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for personal injuries resulting in the death of the plaintiff’s intestate. Trial by jury and verdict for the plaintiff. The defendants excepted to the denial of .their motions for a nonsuit and the direction of a verdict in their favor, to the exclusion of certain evidence, to the argument of counsel for the plaintiff, and to the refusal of the court to give requested instructions.
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Case, for personal injuries resulting in the death of the plaintiff’s intestate. Trial by jury and verdict for the plaintiff. The defendants excepted to the denial of .their motions for a nonsuit and the direction of a verdict in their favor, to the exclusion of certain evidence, to the argument of counsel for the plaintiff, and to the refusal of the court to give requested instructions. Transferred from the September term, 1904, of the superior court by Pike, J. At the time of his injury, which occurred December 22, 1902, the plaintiff’s intestate, Robert A. Miller, was twenty-two years old.…
1Opinion of the CourtBingham, J.
Among the risks which Miller assumed on entering the defendants’ service as a freight brakeman were those incident to the performance of his duties, of which he was informed, or would learn in the exercise of ordinary care. Henderson v. Williams, 66 N. H. 405; Hardy v. Railroad, 68 N. H. 523; Allen v. Railroad, 69 N. H. 271; Whitcher v. Railroad, 70 N. H. 242.
Assuming the truth of the plaintiff’s evidence and construing it most favorably for him (Hardy v. Railroad, supra), it does not seem to ns that it conclusively appears that Miller’s death was caused by dangers of which he assumed the…
2Cases cited9 opinions
- Murray v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
- Deschenes v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1897
- Lyman v. Boston & Maine RailroadSupreme Court of New Hampshire · 1890
- Whitcher v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
- Henderson v. WilliamsSupreme Court of New Hampshire · 1890
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3Cited by2 opinions
- Cassidy v. Atlantic Corp.Supreme Court of New Hampshire · 1920
- Theobald v. ShepardSupreme Court of New Hampshire · 1908