Legal Opinion

Piper v. Boston & Maine Railroad

Supreme Court of New Hampshire

Decided April 6, 1909Published

Case, for personal injuries sustained by tbe plaintiff' while at work in the defendant’s passenger station at Concord as an employee of the American Express Company, and caused by negligence of tbe defendant’s servants in tbe management of a locomotive. Trial by jury and verdict for the plaintiff.

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Case, for personal injuries sustained by tbe plaintiff' while at work in the defendant’s passenger station at Concord as an employee of the American Express Company, and caused by negligence of tbe defendant’s servants in tbe management of a locomotive. Trial by jury and verdict for the plaintiff. Transferred from tbe October term, 1907, of tbe superior court by Pike, J. Tlie defendant pleaded the general issue and filed a brief statement setting forth certain agreements made prior to the accident between tlie plaintiff and the Express Company and between tbe Express Company and the…

1Opinion

This case has been argued by counsel and considered by the court upon the theory that the defendant filed a special plea setting up the contracts, and that a demurrer to the special plea was sustained, thereby presenting the question whether the facts pleaded constituted a defence to the action. Upon the record, however, the only plea filed was "not guilty." The plaintiff demurred to parts of the brief statement accompanying the plea, and filed replications in which the defendant did not join. A brief statement, being merely a notice, is not demurrable and does not require an answer. If it is…

2Cases cited17 opinions

  1. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  2. Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
  3. Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
  4. Griswold v. New York & New England RailroadSupreme Court of Connecticut · 1885
  5. Bates v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1888

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