Wallace v. Boston & Maine Railroad
Supreme Court of New Hampshire
' Case, for negligence. Trial by jury. At the March term, 1902, of the superior court a nonsuit was ordered by Pike, J., at the close of the plaintiff’s evidence and subject to his exception.
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' Case, for negligence. Trial by jury. At the March term, 1902, of the superior court a nonsuit was ordered by Pike, J., at the close of the plaintiff’s evidence and subject to his exception. The plaintiff was head brakeman on the defendants’ northbound, regular freight train, known as No. 265, on September 14-15, 1900, and was injured in a head-on collision between it and a south-bound, extra freight train, known as freight extra 460, about half a mile north of the Weirs station. The following orders were sent to each train by the train dispatcher from his office at Woodsville: Order No. 56…
1Opinion of the CourtChase, J.
The train dispatcher’s final decision was to have train No. 265 and freight extra 460 meet at Meredith. He must have arrived at this decision some time before 11:45 p. m. of the clock, for the order (No. 61) which he issued to carry the decision into effect was marked “ O. K.” at that time, showing that it had then been transmitted and repeated back to him. Rule 210. Apparently, train No. 265 had not arrived at Lakeport, for the orders addressed to its- conductor and engineer were not completed until 11: 55 and 11: 56. Freight extra 460 was at Meredith. Order No. 56 ■ had been completed and…
2Cases cited24 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Wonder v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1870
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Hunn v. Michigan Central RailroadMichigan Supreme Court · 1889
- Darrigan v. New York & New England RailroadSupreme Court of Connecticut · 1885
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3Cited by8 opinions
- Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
- Rounds v. Standex InternationalSupreme Court of New Hampshire · 1988
- George v. OswaldWisconsin Supreme Court · 1956
- Dervin v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1923
- Tilley v. Rockingham County Light & Power Co.Supreme Court of New Hampshire · 1907
3 more not listed; retrieve them via the Exa API.