McLean v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, to recover for an injury caused by the negligence of a fellow-employee. Trial by jury and verdict for the plaintiff. Transferred by Sawyer, J., from the September term, 1920, of the superior court, on the defendants’ exceptions to the denial of their motion for a nonsuit and to remarks of plaintiff’s counsel. The facts and evidence relevant to the exceptions are stated in the opinion.
1Opinion of the CourtParsons, C. J.
The defendants base their contention that the court erred when it denied their motion for a directed verdict on the proposition that it cannot be found the plaintiff is entitled to the benefit of the federal employers’ liability act. (35 U. S. Stat. 65, c. 149). The evidence relevant to that issue tends to prove that the plaintiff was engaged in repairing the track of the Manchester & Lawrence Railroad when he was injured; that that road extends from Lawrence, Mass, to Manchester, N. H., and that it was operated by the defendants. It is obvious it can be found from this evidence that the…
2Cases cited1 opinion
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
3Cited by2 opinions
- State v. CoteSupreme Court of New Hampshire · 1999
- Agresta v. New York, Ontario & Western Railway Co., New Jersey Department of Labor Workmen's Compensation Bureau1936