Ingerson v. Grand Trunk Railway
Supreme Court of New Hampshire
About noon on the 23d day of March, 1917, the body of the plaintiff’s intestate, Benjamin Ingerson, was observed lying in the snow on the right of way of the defendant railroad about 36 feet from the nearest rail at a point some seven miles west of Groveton and a short distance south of the crossing of the tracks of the Grand Trunk and Maine Central Railroads.
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About noon on the 23d day of March, 1917, the body of the plaintiff’s intestate, Benjamin Ingerson, was observed lying in the snow on the right of way of the defendant railroad about 36 feet from the nearest rail at a point some seven miles west of Groveton and a short distance south of the crossing of the tracks of the Grand Trunk and Maine Central Railroads. The place is known as the Diamond, but the Grand Trunk does not maintain any facilities for the discharge or reception of passengers there; though, as all trains stop before making the crossing, passengers sometimes take advantage of…
1Opinion of the CourtParsons, C. J.
Two facts clearly appear from the evidence, the finding of Ingerson’s dead body on the defendants’ right of way and his intoxication at Groveton the preceding afternoon. All else is left by the evidence to doubt and conjecture. The plaintiff claims Ingerson was a passenger and was ejected from the train at an improper place. There is no claim that the ejection was for non-payment of fare, which would render the defendants liable for the resultant injury under the statute. P. S., c. 160, s. 6; Baldwin v. Railway, 64 N. H. 596. Neither is there evidence from which it could be found that the…
2Cases cited13 opinions
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Deschenes v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1897
- Buch v. Amory Manufacturing Co.Supreme Court of New Hampshire · 1897
- Pittsfield Cottonwear Manufacturing Co. v. Pittsfield Shoe Co.Supreme Court of New Hampshire · 1902
- Wheeler v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1900
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