Gilbert v. Burque
Supreme Court of New Hampshire
Case, for personal injuries received in a collision between the plaintiff’s and the defendant’s carriages, and alleged to have been caused by the defendant’s negligence. Trial by jury and verdict for the plaintiff. The defendant excepted to the denials of his motions for a nonsuit and for an order of judgment in his favor.
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Case, for personal injuries received in a collision between the plaintiff’s and the defendant’s carriages, and alleged to have been caused by the defendant’s negligence. Trial by jury and verdict for the plaintiff. The defendant excepted to the denials of his motions for a nonsuit and for an order of judgment in his favor. Transferred from the September term, 1903, of the superior court by Wallace, C. J. The plaintiff’s evidence tended to prove the following facts: Main street in Nashua runs north and south, is about eighty feet wide between the curbs, and has two street railway tracks in it.…
1Opinion of the CourtWalker, J.
Both the plaintiff and the defendant were rightfully attempting to pass over the street. In a general sense, their rights and obligations were equal. Each was bound to exercise a reasonable degree of care under the circumstances to avoid injuring the other, while both were rightfully using the public high way. Neither was bound to assume that the other would omit to perform the duty of careful conduct. Until within a few seconds of the time of the collision, the occupation of the street by both parties was not attended with any special danger. If the plaintiff had seen the defendant when he…
2Cases cited1 opinion
- Shapleigh v. WymanMassachusetts Supreme Judicial Court · 1883
3Cited by8 opinions
- Winckowski v. DodgeMichigan Supreme Court · 1914
- Wagner v. KlosterSupreme Court of Iowa · 1920
- Carson v. TurrishSupreme Court of Minnesota · 1918
- Elgin Dairy Co. v. ShepherdIndiana Supreme Court · 1915
- Suarez v. KatonMichigan Supreme Court · 1941
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