Story v. Concord & Montreal Railroad
Supreme Court of New Hampshire
Case, to recover for injuries received August 26, 1894, in the railroad yard at Portsmouth, by the derailment of an engine of tlie Concord & Montreal Railroad on which the plaintiff was fireman. The plaintiff was the servant of the Concord & Montreal Railroad. It was alleged that the' derailment was due to the defective condition of the track, which was owned and repaired by the Boston & Maine Railroad. The suit was brought against both corporations.
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Case, to recover for injuries received August 26, 1894, in the railroad yard at Portsmouth, by the derailment of an engine of tlie Concord & Montreal Railroad on which the plaintiff was fireman. The plaintiff was the servant of the Concord & Montreal Railroad. It was alleged that the' derailment was due to the defective condition of the track, which was owned and repaired by the Boston & Maine Railroad. The suit was brought against both corporations. At the. opening of the trial, the defendants moved for separate trials and that the plaintiff be required to elect against which defendant he…
1Opinion
The exception to the denial of the defendants' motion for a nonsuit raises the questions, first, whether there was evidence from which the jury could properly find that the defendants were negligent, and, second, whether the plaintiff's knowledge that the track was owned, managed, controlled, and cared for by the Boston Maine Railroad constituted a defence.
The law imposes upon the master the duty to use ordinary care to protect his servants from injury while they are engaged in the performance of their work. He must use ordinary care to provide them with a suitable place in which to work, and…
2Cases cited22 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
- Collins v. Laconia Car Co.Supreme Court of New Hampshire · 1894
- Baldwin v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1888
- Greenfield v. KennettSupreme Court of New Hampshire · 1898
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