Paine v. Grand Trunk Railway of Canada
Supreme Court of New Hampshire
Case, foi’ an injury received by the plaintiff while attempting, with a horse and wagon, to cross the defendants’ track at a highway crossing, about half of which was occupied by the brake-van of a lumber train of the defendants. The train was stopped by one of the cars going off the track on a heavy down grade.
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Case, foi’ an injury received by the plaintiff while attempting, with a horse and wagon, to cross the defendants’ track at a highway crossing, about half of which was occupied by the brake-van of a lumber train of the defendants. The train was stopped by one of the cars going off the track on a heavy down grade. The plaintiff claimed that the defendants were guilty of negligence in allowing their track to be in such condition at this point'that a rail was displaced so as to admit of the car getting off the track, and that they were negligent in not removing the car from the crossing, claiming…
1Opinion of the CourtFoster, J.
No question is raised as to the care exercised by the plaintiff. There are decided cases to the effect that negligence may properly be inferred against common carriers from the mere happening of an accident, such as the overturning of a stage-coach, or a car getting off the track of a railway ; but this is a doctrine altogether too broad to be sustained, and it has been expressly overruled in cases of high authority. Shearman & Redfield on Negligence, s. 280, notes 3,4.
Negligence is a fact for the plaintiff to prove by a preponderance of the evidence; a fact for the jury to find or not,…
2Cases cited12 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Pleasants v. FantSupreme Court of the United States · 1875
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Losee v. . BuchananNew York Court of Appeals · 1873
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3Cited by20 opinions
- Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Brann v. Exeter Clinic, Inc.Supreme Court of New Hampshire · 1985
- Morrill v. TilneySupreme Court of New Hampshire · 1986
- Gardner v. Commercial MacHine Co.Supreme Court of New Hampshire · 1920
- Hovey v. BrownSupreme Court of New Hampshire · 1879
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