Gallagher v. Manchester Street Railway

Conceding the truth of the plaintiff’s evidence (Bullard v. Railroad, 64 N. H. 27, 30), the jury could properly find that he was in the exercise of ordinary care when he attempted to cross the tracks. But even if they could not, the plaintiff would not be prevented from recovering. “ If due care on the part of either at the time of the injury would prevent it, the antecedent negligence of one or both parties is immaterial, except it may be as one of the circumstances by which the requisite measure of care is to be determined. . . . To warrant a recovery, the plaintiff must establish . . .…