Gage v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence. The actions were tried together by jury and resulted in verdicts for the plaintiffs. In each case the defendant ’s motions for a nonsuit and the direction of a verdict in its favor were denied, subject to exception. Transferred from the April term, 1912, of the superior court by Plummer, J. The plaintiffs hired one Spaulding to take them in Ms automobile from Franklin to Laconia and return.
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Case, for negligence. The actions were tried together by jury and resulted in verdicts for the plaintiffs. In each case the defendant ’s motions for a nonsuit and the direction of a verdict in its favor were denied, subject to exception. Transferred from the April term, 1912, of the superior court by Plummer, J. The plaintiffs hired one Spaulding to take them in Ms automobile from Franklin to Laconia and return. On the return trip they left Laconia about eleven o’clock in the evening. Shortly after midnight, at a crossing north of Tilton, the automobile collided with the fourteenth car of a…
1Opinion of the Court
What duty did the defendant owe to the plaintiffs the time of the collision which it failed to observe, and the breach of which was the proximate cause of the injuries they suffered? The burden was on them to prove that the defendant was negligent in its management of the train at the crossing and that its negligence in that respect was a proximate cause of the collision. At the trial the plaintiffs' contention was that the defendant's negligence could be found from its omission to provide gates with lights at the crossing, or in not having at that place a crossing tender to warn travelers…
2Cases cited30 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
25 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Peri v. L.A. Junction Ry.California Supreme Court · 1943
- St. Louis-San Francisco Ry. Co. v. GuthrieSupreme Court of Alabama · 1927
- Philadelphia & Reading Railroad v. DillonSupreme Court of Delaware · 1921
- Gilman v. Central Vermont Railway Co.Supreme Court of Vermont · 1919
- Ricardo Trevino v. Union Pacific Railroad Company and Missouri Pacific Railroad CompanyCourt of Appeals for the Seventh Circuit · 1990
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