Murphy v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for personal injuries received April 24, 1913. The writ was dated August 12, 1913. Trial by jury on April 27, 1915, and verdict for the plaintiff. Transferred from the April term, 1915 of the superior court by Chamberlin, J. There was evidence upon which reasonable men could differ as to the issue of the plaintiff’s contributory negligence.
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Case, for personal injuries received April 24, 1913. The writ was dated August 12, 1913. Trial by jury on April 27, 1915, and verdict for the plaintiff. Transferred from the April term, 1915 of the superior court by Chamberlin, J. There was evidence upon which reasonable men could differ as to the issue of the plaintiff’s contributory negligence. The court charged the jury that the burden of proving contributory negligence was upon the defendants, in accordance with an act of the legislature approved April 21, 1915 (Laws 1915, c. 148), and the defendants excepted.
1Opinion of the CourtWalker, J.
After the date of the plaintiff’s writ and before the trial, the legislature passed an act providing that “Hereafter, in all actions of tort for personal injury, contributory negligence on the part of the plaintiff shall be a good defence to the action, and the burden of proving the same shall be upon the defendant.” Laws 1915, c. 148, s. 1. The question raised by the exception is whether the act applies to actions pending at the time of its enactment. Heretofore, it has been incumbent on a plaintiff in a personal injury case to prove due care on his part, or freedom from contributory…
2Cases cited6 opinions
- Wright v. Boston & Maine RailroadSupreme Court of New Hampshire · 1907
- Leavitt v. LoveringSupreme Court of New Hampshire · 1888
- Cheshire County Telephone Co. v. StateSupreme Court of New Hampshire · 1884
- Rowell v. RailroadSupreme Court of New Hampshire · 1879
- Stilphen v. StilphenSupreme Court of New Hampshire · 1889
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3Cited by7 opinions
- Mihoy v. ProulxSupreme Court of New Hampshire · 1973
- Manchester St. Ry. v. BarrettCourt of Appeals for the First Circuit · 1920
- John Conn, Administrator of the Estate of Delbert Richardson v. Kenneth YoungCourt of Appeals for the Second Circuit · 1959
- Jones v. JonesSupreme Court of New Hampshire · 1973
- Shannon v. FosterSupreme Court of New Hampshire · 1975
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