Hill v. Boston & Maine Railroad
Supreme Court of New Hampshire
On the day of the accident the plaintiff had completed the repairs upon a flat car, with the exception of putting on a pin-lifter. When he returned to work after dinner, he found that the car had been moved to track No. 4, and stood with its northerly end from ten to thirty feet south of the transfer table.
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On the day of the accident the plaintiff had completed the repairs upon a flat car, with the exception of putting on a pin-lifter. When he returned to work after dinner, he found that the car had been moved to track No. 4, and stood with its northerly end from ten to thirty feet south of the transfer table. The plaintiff was directed by Keenan to put a pin-lifter on the car, this being such a job as had theretofore been done upon that track; and while so engaged he was injured by being struck by a car which had been standing just north of the one upon which he was at work. The car by which…
1Opinion of the CourtParsons, C. J.
It was the duty of the defendants, for the protection of their employees, to conduct their business in a reasonable manner, measured by the conduct of men in general engaged in like occupations. English v. Amidon, ante, pp. 301, 303, 304. If men of ordinary prudence, engaged as the defendants were in the business of repairing cars, would provide by rule as to the movement by hand of cars over tracks upon which other cars were generally or occasionally repaired, or as to the repair of cars upon such tracks, the defendants’ failure to so provide would be evidence of negligence. Relying upon the…
2Cases cited4 opinions
- Rose v. . Boston Albany R.R. Co.New York Court of Appeals · 1874
- Moore Lime Co. v. Richardson's Adm'rSupreme Court of Virginia · 1897
- Texas & New Orleans Railway Co. v. EcholsTexas Supreme Court · 1894
- Potter v. New York Central & Hudson River RailroadNew York Court of Appeals · 1892
3Cited by7 opinions
- Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Genest v. Odell Manufacturing Co.Supreme Court of New Hampshire · 1909
- Dervin v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1923
- Murphy v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1904
- Payne v. Oakland Traction Co.California Court of Appeal · 1910
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