Shea v. Concord & Montreal Railroad
Supreme Court of New Hampshire
Case, for injuries to the plaintiff’s intestate, a trespasser upon the defendants’ railroad track, by being run over by a coal car, September 25, 1894, through the defendants’ negligence. Trial by jury and verdict for the plaintiff.
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Case, for injuries to the plaintiff’s intestate, a trespasser upon the defendants’ railroad track, by being run over by a coal car, September 25, 1894, through the defendants’ negligence. Trial by jury and verdict for the plaintiff. The evidence tended to prove that at the time of the accident, and for some years prior thereto, there was a tract of land south of Auburn and west of Elm streets in Manchester, extending to the defendants’ railroad tracks, which was unfenced and, in the main, unimproved. On this land, near the east side of the railroad, there was a lumber yard, a stable, and a…
1Opinion of the CourtWallace, J.
The deceased was a trespasser at the time of his injury in the defendants’ railway yard. There was no evidence tending to show that his injuries were wantonly inflicted, or that any of the defendants’ employees knew of his presence at the time he was injured. The only question submitted to the jury was whether or not the railroad tracks at the place of the accident and prior thereto had been used to such an extent that the defendants’ employees, in the exercise of ordinary care, ought to have anticipated such use on this occasion and to have discovered and warned the deceased of his danger.…
2Cases cited4 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Frost v. Eastern RailroadSupreme Court of New Hampshire · 1886
- Felch v. Concord RailroadSupreme Court of New Hampshire · 1890
- Clark v. ManchesterSupreme Court of New Hampshire · 1883
3Cited by13 opinions
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1935
- Minot v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905
- Davis v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Myers v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
- Martel v. White MillsSupreme Court of New Hampshire · 1920
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