Nawn v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence resulting in the death of William Powell, the plaintiff’s intestate. Transferred from the October term, 1913, of the superior court by Chamberlin, J., on the defendants’ exceptions to the denial of motions for a nonsuit and the direction of a verdict in their favor and to the admission of certain evidence. Powell was employed by the defendants.
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Case, for negligence resulting in the death of William Powell, the plaintiff’s intestate. Transferred from the October term, 1913, of the superior court by Chamberlin, J., on the defendants’ exceptions to the denial of motions for a nonsuit and the direction of a verdict in their favor and to the admission of certain evidence. Powell was employed by the defendants. On the morning of his injury he was at work carrying boiler flues across the track at the defendants’ storehouse in Concord, and was struck by a derrick car which backed down upon him. The plaintiff offered in evidence a…
1Opinion of the CourtParsons, C. J.
1. There was no error of law in the conclusion of the trial court that under the circumstances the declaration offered was so connected with the fact of injury as to be admissible. Dorr v. Railway, 76 N. H. 160; Robinson v. Stahl, 74 N. H. 310.
“When a person receives a sudden injury, it is natural for him, if in the possession of his faculties, to state at once how it happened. . . . This view of the common experience of mankind shows that, if the declaration has that character, it possesses an important element of reliability and significance which is foreign to narrative remarks made so…
2Cases cited17 opinions
- Murray v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
- Crowley v. CrowleySupreme Court of New Hampshire · 1903
- Dorr v. Atlantic Shore Line RailwaySupreme Court of New Hampshire · 1911
- Jaques v. ChandlerSupreme Court of New Hampshire · 1905
- Metcalf v. WeedSupreme Court of New Hampshire · 1889
12 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- CESTERO v. FerraraSupreme Court of New Jersey · 1971
- Bennett v. LaroseSupreme Court of New Hampshire · 1926
- Gough v. General Box Co.Supreme Court of Missouri · 1957
- Jones v. BloomMichigan Supreme Court · 1972
- Manchester St. Ry. v. BarrettCourt of Appeals for the First Circuit · 1920
20 more not listed; retrieve them via the Exa API.