Hooper v. Boston & Maine Railroad
Supreme Judicial Court of Maine
On motion, by defendants to set aside the verdict as against law and evidence. Action on the case to recover damages for injuries received by Daniel O. S. Hooper, plaintiff’s intestate, through the negligence of the defendants in the running their train.
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On motion, by defendants to set aside the verdict as against law and evidence. Action on the case to recover damages for injuries received by Daniel O. S. Hooper, plaintiff’s intestate, through the negligence of the defendants in the running their train. The facts alleged in the plaintiff’s declaration and disclosed by the testimony in the case are as follows : On the 26th day of November, 1886, the Boston & Maine Railroad was in possession of and operating a line of railroad known as the Boston & Maine Railroad, Western Division, moving cars and locomotives thereon by steam, its track being…
1Opinion of the CourtWalton, J.
This is an action to recover damages for injuries received by the plaintiff’s husband at one of the railroad crossings in the city of Biddel’ord; and for which the plaintiff has obtained a verdict for $4650. The negligence of the defendant company *266is not controverted. It is conceded that at the time of the accident it was running one of its night trains at a rate of speed more than four times that allowed by law, unless it closed its gates or kept a flagman at the crossing: and it did neither. The only question is whether the evidence submitted to the jury was sufficient to justify them in'…
2Cited by14 opinions
- Crawford v. Southern Pacific Co.California Supreme Court · 1935
- Gregg v. Western Pacific RailroadCalifornia Supreme Court · 1924
- Gray v. Pennsylvania RailroadSuperior Court of Delaware · 1927
- Wyseur v. DavisCalifornia Court of Appeal · 1922
- Dombrenos v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
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