Felch v. Concord Railroad
Supreme Court of New Hampshire
Case, for injuries from negligence. Two actions • were tried together, one by the plaintiff as administrator, for injuries resulting in the death of his minor son, Willis Felch, and one by the plaintiff in his own right, for medical and surgical attendance upon Willis, and for damage to the plaintiff’s team from the same accident.
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Case, for injuries from negligence. Two actions • were tried together, one by the plaintiff as administrator, for injuries resulting in the death of his minor son, Willis Felch, and one by the plaintiff in his own right, for medical and surgical attendance upon Willis, and for damage to the plaintiff’s team from the same accident. The plaintiff’s evidence tended to show that on the 9th of February, 1883, Willis Felch, son of the plaintiff, of the age of about eleven years, under direction of his father, drove his father’s team and load of wood across the track of the defendants’ railroad,…
1Opinion
In support of the motion for a nonsuit, two additional grounds are presented by the amendments: (1) that there was no evidence of want of ordinary care on the part of the defendants; and (2) that there was no evidence of such care on the part of the deceased.
The first ground is clearly untenable. There was direct evidence for the plaintiff "that a person standing on the track at the place of accident could be seen by one standing on the track at a point six hundred and seventy-five feet, or about forty-one rods, easterly from the place of accident;" and there was evidence tending to show that…
2Cases cited1 opinion
- Fuller v. RouncevilleSuperior Court of New Hampshire · 1854