State v. Boston & Maine Railroad
Supreme Judicial Court of Maine
On report. Au indictment under the statute for the alleged negligent killing of William II. Benjamin, of Biddeford, in a collision at the Main street crossing in Biddeford, in the evening of November 26, 1886. The facts are stated in the opinion. No bell was rang as required by Revised Statutes, c. 51, § 33. This was negligence per se. Webb v. R. & K. Railroad, 57 Maine, 134; Whitney v. M. CJ.
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On report. Au indictment under the statute for the alleged negligent killing of William II. Benjamin, of Biddeford, in a collision at the Main street crossing in Biddeford, in the evening of November 26, 1886. The facts are stated in the opinion. No bell was rang as required by Revised Statutes, c. 51, § 33. This was negligence per se. Webb v. R. & K. Railroad, 57 Maine, 134; Whitney v. M. CJ. Railroad, 69 Maine, 210; Hummer v. E. Railroad, 73 Maine, 593 ; Commonwealth v. 1Í. <6 W. Railroad, 101 Mass. 202; Bonier v. B. No flagman or gate was maintained at Ibis crossing, as required by Revised…
1Opinion of the CourtPeters, C. J.
After the plaintiff’s evidence was out in this case, it was agreed by the parties that, if such evidence be, in the opinion of the full court, sufficient to authorize a jury, in any event, to find for the plaintiff, a judgment may be entered against the defendants for the sum of five thousand dollars.
Allowingto the plaintiff, under this stipulation, the benefit of the most favorable view which the evidence is legally susceptible of, it may be considered that the following facts are proved: The deceased, William B. Benjamin, for whose death the action is instituted in the name of the state,…
2Cases cited8 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Cuddy v. HornMichigan Supreme Court · 1881
- Robinson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Wheelock v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Kissenger v. . N.Y. Harlem R.R. Co.New York Court of Appeals · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Crawford v. Southern Pacific Co.California Supreme Court · 1935
- Bricker v. GreenMichigan Supreme Court · 1946
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- F. W. Woolworth Co. v. DavisCourt of Appeals for the Tenth Circuit · 1930
- Richmond v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1891
38 more not listed; retrieve them via the Exa API.