Davis v. Concord & Montreal Railroad
Supreme Court of New Hampshire
Case, for negligently causing the death of the plaintiff’s intestate, Orren B. Davis, who was struck by a locomotive while driving over a highway crossing of the defendants’ railroad in Rumney. Trial by jury. Verdict for the plaintiff There was a flag station at the crossing where the collision occurred.
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Case, for negligently causing the death of the plaintiff’s intestate, Orren B. Davis, who was struck by a locomotive while driving over a highway crossing of the defendants’ railroad in Rumney. Trial by jury. Verdict for the plaintiff There was a flag station at the crossing where the collision occurred. The plaintiff put in evidence the following rules of the defendants, subject to their exception : “Rule 22. The speed of passenger trains must be reduced to fifteen miles per hour passing stations. Lost time must not be made up on heavy descending grades, sharp curves, or on track known to…
1Opinion of the CourtSmith, J.
Several witnesses testified, subject to the defendants’ exception, that during the three years preceding the death ■of the plaintiff’s intestate they often saw him drive over the •crossing in question, and that he always drove slowly and watched for trains. It was conceded at the argument that the •evidence was competent as tending to show that the deceased on approaching the crossing on the morning of the accident was watching for the train, that he stopped or drove slowly, and looked up and down the track to ascertain whether a train was approaching. It has repeatedly been held in this…
2Cases cited3 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
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- Platter v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1913
- Clark v. Union Pac. R. Co.Utah Supreme Court · 1927
- Frederickson v. Iowa Central Railway Co.Supreme Court of Iowa · 1912
- Bass v. Concord Street RailwaySupreme Court of New Hampshire · 1899
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
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