Guevin v. Manchester Street Railway
Supreme Court of New Hampshire
Case, by a husband for negligence resulting in the loss of his wife’s services and society. Trial by jury and verdict for the plaintiff. The plaintiff’s evidence tended to prove that his wife was injured at about 10 p. m., October 2, 1911, near the corner of Manchester and Elm streets in Manchester. Elm Street runs north and south and Manchester Street east and west.
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Case, by a husband for negligence resulting in the loss of his wife’s services and society. Trial by jury and verdict for the plaintiff. The plaintiff’s evidence tended to prove that his wife was injured at about 10 p. m., October 2, 1911, near the corner of Manchester and Elm streets in Manchester. Elm Street runs north and south and Manchester Street east and west. The defendant’s electric car ran north on Elm Street and turned east into Manchester Street, stopping beyond the corner for passengers. The rear fender protruded beyond the body of the car but it was in such a position on…
1Opinion of the CourtPeaslee, J.
1. It could be found from the evidence that the fender projected unnecessarily, that the defendant knew fenders ought not to so project, and that it was an instrumentality wholly within the defendant’s control. From this it could be found that, the defendant was responsible for the condition there created. Boucher v. Railroad, 76 N. H. 91, 95.
The projecting fender was an unusual encumbrance of the street. It appeared from the defendant’s evidence that rear fenders wore-customarily pushed in so that travelers passing the rear of the car-had no occasion to be on their guard against such…
2Cases cited15 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Marri v. Stamford Street Railroad Co.Supreme Court of Connecticut · 1911
- Foot v. CardSupreme Court of Connecticut · 1889
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Feneff v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
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3Cited by26 opinions
- Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974
- Hitaffer v. Argonne Co., IncCourt of Appeals for the D.C. Circuit · 1950
- Hoekstra v. HelgelandSouth Dakota Supreme Court · 1959
- Brown v. Georgia-Tennessee Coaches, Inc.Court of Appeals of Georgia · 1953
- Siciliano v. Capitol City Shows, Inc.Supreme Court of New Hampshire · 1984
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