Coyle v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury. Transferred from the September term, 1914, of the superior court by Chamberlin, J., on the plaintiff’s exception to an order of nonsuit. July 9, 1913, the plaintiff was injured at the Massabesic-street crossing of the defendants’ railroad.
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Case, for personal injuries. Trial by jury. Transferred from the September term, 1914, of the superior court by Chamberlin, J., on the plaintiff’s exception to an order of nonsuit. July 9, 1913, the plaintiff was injured at the Massabesic-street crossing of the defendants’ railroad. She entered on the defendants’ right of way at Taylor street, walked beside the track and over the platform of the East Manchester station to Massabesic street, and thence along the street and over the crossing until she was struck by the end of the buffer beam of an approaching locomotive, which was drawing a…
1Opinion of the CourtYoung, J.
It does not necessarily follow from the fact that the plaintiff noticed the gates were up when she was opposite the station that it can be found she was in the exercise of ordinary care, for it was her duty to do what the average person would have done in her situation. All fair-minded men will agree that such a person is not accustomed to walk upon a railroad crossing which he knows is in use, without thinking of where he is, or of the dangers peculiar to such crossings. Gibson v. Railroad, 75 N. H. 342.
Exception overruled.
All concurred.
2Cases cited1 opinion
- Gibson v. Maine Central RailroadSupreme Court of New Hampshire · 1909
3Cited by1 opinion
- Olsen v. Boston & Maine RailroadSupreme Court of New Hampshire · 1925