Tucker v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the March term, 1904, of the superior court by Stone, J. The plaintiff’s evidence tended to prove the following facts: About five o’clock on the afternoon of January 29, 1903, the plaintiff’s intestate, while driving over a grade crossing in Andover, was struck lay a southerly bound train and fatally injured.
Read the full summary
Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the March term, 1904, of the superior court by Stone, J. The plaintiff’s evidence tended to prove the following facts: About five o’clock on the afternoon of January 29, 1903, the plaintiff’s intestate, while driving over a grade crossing in Andover, was struck lay a southerly bound train and fatally injured. He was riding in a sleigh drawn by a safe horse, and was returning from Franklin to his home in Andover. He was observed when about 150 feet distant from the crossing, and was not again seen until just as…
1Opinion of the CourtPausons, C. J.
The failure of the defendants to ring the bell upon approaching the crossing, as required by statute, was evidence of a breach of duty owed by them to the deceased, a traveler upon the highway. P. S., c. 159, s. 6; Batchelder v. Railroad, 72 N. H. 528. Upon the evidence that twro persons who were in a position to hear the bell, if rung, did not hear it, and in the absence of any evidence that the bell was rung or of any explanation of the failure to call witnesses upon that point (Mitchell v. Railroad, 68 N. H. 96, 117), the finding that the bell was not rung cannot be set aside as contrary…
2Cases cited6 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Waldron v. Boston & Maine RailroadSupreme Court of New Hampshire · 1902
- Batchelder v. Boston & Maine RailroadSupreme Court of New Hampshire · 1904
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Platter v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1913
- Frederickson v. Iowa Central Railway Co.Supreme Court of Iowa · 1912
- Fike v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1913
- Connelly v. Central Vermont RailwaySupreme Court of New Hampshire · 1914