Wheeler v. Grand Trunk Railway Co.
Supreme Court of New Hampshire
Case, for negligence. The declaration was as follows: In a plea of the case for that the defendants are a corporation owning and operating a railroad between Berlin and West Milan in said county of Cods, and are common carriers of passengers and freight; that the plaintiff on, to wit, April 20,1896, being in an intoxicated condition and unable to take due and proper care of himself, was received by the defendants as a passenger on said railroad by the defendants; that tbe…
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Case, for negligence. The declaration was as follows: In a plea of the case for that the defendants are a corporation owning and operating a railroad between Berlin and West Milan in said county of Cods, and are common carriers of passengers and freight; that the plaintiff on, to wit, April 20,1896, being in an intoxicated condition and unable to take due and proper care of himself, was received by the defendants as a passenger on said railroad by the defendants; that tbe defendants’ employees had knowledge of the-plaintiff’s said condition, but permitted him to ride unguarded in the…
1Opinion of the CourtParsons, J.
If tbe position occupied by tbe plaintiff at tire time of his injury was dangerous to one in full control of bis bodily powers, or dangerous to the plaintiff only because of Ms lack of such control, tlie plaintiff’s own act produced tbe dangerous situation from which his injury resulted. If Ms failure to exercise the care of a person of ordinary prudence placed him in this situation, dangerous to him on either ground, the fact of Ms intoxication would not excuse him. If his act would have been negligence in a sober man, lie was none tlie less guilty of negligence if intoxicated. For an injury…
2Cases cited10 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
- N. & W. R. R. v. FergusonSupreme Court of Virginia · 1884
- Fisher v. West Virginia & P. R.West Virginia Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Sylvester v. Northwestern Hospital of MinneapolisSupreme Court of Minnesota · 1952
- McDermott v. SibertSupreme Court of Alabama · 1928
- State v. MannionSupreme Court of New Hampshire · 1927
- Dokus v. PalmerSupreme Court of Connecticut · 1943
- Swilley v. Economy Cab Co. of JacksonvilleSupreme Court of Florida · 1950
18 more not listed; retrieve them via the Exa API.