Legal Opinion

State v. Maine Central Railroad

Supreme Judicial Court of Maine

Decided August 1, 1884PublishedCited by 4 opinions

On exceptions and motion to set aside the verdict. Indictment against the Maine Central Railroad Company for negligently causing the death of Adoniram Juds'on Pickard at a railroad crossing in Carmel, on the twenty-sixth day of December, 1882, prosecuted for the benefit of his widow and •children. The opinion states the material facts. The next question is, was Doct.

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On exceptions and motion to set aside the verdict. Indictment against the Maine Central Railroad Company for negligently causing the death of Adoniram Juds'on Pickard at a railroad crossing in Carmel, on the twenty-sixth day of December, 1882, prosecuted for the benefit of his widow and •children. The opinion states the material facts. The next question is, was Doct. Pickard in the exercise of due care and diligence when he was killed? Upon this branch of ■the case, the first that naturally arises is, — upon whom is the 'burden of proof, to show care and diligence by him, or the want •of it?…

1Opinion of the Court

Walton, <7.

This is an indictment against the-Maine Central Railroad Company for negligently causing the death of a person. It appears that December 26,1882, at about half past six o’clock in the evening, Doct. Pickard of Carmel, in an attempt to cross the railroad with a horse and sleigh, was struck by a passing train and instantly killed. A trial has been had and a verdict of guilty returned against the railroad. The question is whether the evidence justified this verdict. We think it did not.

It is settled law in this state that, in prosecutions of this kind, whether in form civil or…

2Cases cited3 opinions

  1. Railroad Company v. HoustonSupreme Court of the United States · 1878
  2. Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
  3. Dascomb v. Buffalo & State Line Rail RoadNew York Supreme Court · 1858

3Cited by4 opinions

  1. Collins v. HustisSupreme Court of New Hampshire · 1920
  2. St. Louis, S. F. T. Ry. Co. v. WestCourt of Appeals of Texas · 1915
  3. West v. Northern Pacific Railway Co.North Dakota Supreme Court · 1904
  4. Stearns v. Boston & Maine RailroadSupreme Court of New Hampshire · 1908

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