Boucher v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the March term, 1910, of the superior court by Chamberlin, J. The defendants submitted the case upon their exceptions to the denial of motions for a nonsuit and the^direction of a verdict in their favor.
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Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the March term, 1910, of the superior court by Chamberlin, J. The defendants submitted the case upon their exceptions to the denial of motions for a nonsuit and the^direction of a verdict in their favor. The plaintiff’s evidence tended to prove that she was a passenger on the defendants’ railroad from Nashua to Franklin; that when the train reached Concord she took a seat just vacated by another passenger, the window beside which was open; that soon after the train started the sash fell and injured her arm,…
1Opinion of the CourtParsons, C. J.
“In this state the jury are not permitted to find material facts without evidence, or from mere conjecture as to the truth of one of two or more equally probable or possible theories having different legal results.” Reynolds v. Fibre Co., 73 N. H. 126, 131; Stevens v. Stevens, 72 N. H. 360, 363; Cohn v. Saidel, 71 N. H. 558, 568, 569; Dame v. Car Works, 71 N. H. 407, 408; Horan v. Byrnes, 70 N. H. 531, 533; Gahagan v. Railroad, 70 N. H. 441, 444; Carr v. Electric Co., 70 N. H. 308, 310; Deschenes v. Railroad, 69 N. H. 285; Wright v. Railroad, 74 N. H. 128, 134. “Negligence is a fact for the…
2Cases cited5 opinions
- Transportation Company v. DownerSupreme Court of the United States · 1871
- Barnowsky v. HelsonMichigan Supreme Court · 1891
- Philadelphia, Wilmington & Baltimore Railroad v. AndersonCourt of Appeals of Maryland · 1890
- White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Faulkner v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
3Cited by15 opinions
- Briganti v. Connecticut Co.Supreme Court of Connecticut · 1934
- Vaca v. Southern Pacific Co.California Court of Appeal · 1928
- Anglin v. KleemanSupreme Court of New Hampshire · 1995
- Orms v. Traction Bus Co.Supreme Court of Pennsylvania · 1930
- Bridges v. Great Falls Manufacturing Co.Supreme Court of New Hampshire · 1931
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