Little v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1902, of the superior court by Pike, J. The defendants’ motion for a nonsuit was denied, subject to exception. The defendants also excepted to remarks of the plaintiff’s counsel in closing argument, wherein he challenged the defendants to then make experiments showing the distance in which an electric car like the one in question could be stopped.
1Opinion of the CourtBingham, J.
The defendants contend that the plaintiff’s injury was due to his negligence in attempting to cross the track without making any effort to ascertain whether a car was approaching. The plaintiff concedes that if his conduct in approaching and entering upon the track as he did was negligent, and a proximate and contributing cause of his injury, the defendants’ position would be correct. His answer, however,' is that there was evidence from which the jury were warranted in finding that his conduct was not a proximate and contributing cause of his injury, but that the accident was due solely to…
2Cases cited2 opinions
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Parkinson v. Concord Street RailwaySupreme Court of New Hampshire · 1901
3Cited by10 opinions
- Indianapolis Traction & Terminal Co. v. KiddIndiana Supreme Court · 1906
- Indianapolis Street Railway Co. v. SchmidtIndiana Court of Appeals · 1904
- Indiana Union Traction Co. v. LoveIndiana Supreme Court · 1912
- Russ v. GoodSupreme Court of Vermont · 1916
- Brown v. Boston & Maine RailroadSupreme Court of New Hampshire · 1906
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