Burnham v. New York, Providence & Boston Railroad
Supreme Court of Rhode Island
Defendants’ petition for a new trial. This was an action of trespass on the case for negligence causing the death of G-eorge K. Burnham, the plaintiff’s intestate. On the evening of November 30, 1889, a switching engine belonging to the defendant company was run on to a track over which one of the trains of the Old Colony Railroad Company known as the “steamboat train” was about to pass.
Read the full summary
Defendants’ petition for a new trial. This was an action of trespass on the case for negligence causing the death of G-eorge K. Burnham, the plaintiff’s intestate. On the evening of November 30, 1889, a switching engine belonging to the defendant company was run on to a track over which one of the trains of the Old Colony Railroad Company known as the “steamboat train” was about to pass. The steamboat train, on which Burnham was the engineer, ran into the switching engine and Burnham was killed. The cause has been tried three times. The first trial resulted in a verdict for the plaintiff for…
1Per curiam
We do not see that the testimony in relation to the material points involved in this case is essentially different from that given at the two former trials, the verdicts in which were set aside as against the evidence. Our rescript in Exceptions, &c., No. 1770,1 sets forth clearly the grounds for setting aside the previous verdict, and is equally applicable to the present petition.
In addition to what is therein stated, we may say, that in *496our opinion the evidence shows that if the plaintiff’s intestate had been looking, he could have seen the head light on the switcher before him in season to…
2Cited by1 opinion
- Piccirillo v. Avenir, Inc.Supreme Court of Rhode Island · 1986