State v. Boston & Maine Railroad
Supreme Court of New Hampshire
Indictment, under Gen. St., c. 264, s. 14. Subject to the defend ants’ exception, the court charged that within this statute the directors and the general superintendent of the road were its proprietors, and the persons having charge of the running of the trains were its servants or agents.
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Indictment, under Gen. St., c. 264, s. 14. Subject to the defend ants’ exception, the court charged that within this statute the directors and the general superintendent of the road were its proprietors, and the persons having charge of the running of the trains were its servants or agents. The deceased was killed when passing the defendants’ road, on a highway crossing, in or near the compact part of a town, by the defendants’ train, while running in violation of Gen. St., c. 148, s. 4, as amended by Laws of 1868, c. 148, s. 42. The court declined to charge that the statute and its violation…
1Opinion of the CourtBingham, J.
The question whether there is error in the instruction that the directors and superintendent were the proprietors is immaterial, because section 14 requires the same degree of care in the proprietors and their servants.
The substance of this section was first enacted in the laws of 1850, c. 958, s. 7. The word negligence, as used in this section, means carelessness, and substituting the word carelessness for negligence demonstrates that the act of 1850 made the proprietors of a railroad liable for their carelessness, and for the unfitness and carelessness of their servants, and that it was no…
2Cases cited5 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Schultz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- McGrath v. New York Central & Hudson River RailroadNew York Court of Appeals · 1876
3Cited by6 opinions
- Nadeau v. SawyerSupreme Court of New Hampshire · 1904
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
- Evans v. Concord RailroadSupreme Court of New Hampshire · 1890
- Doody v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Jordan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1921
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