Connelly v. Central Vermont Railway
Supreme Court of New Hampshire
Case, for negligently causing the death of-William W. Merchant, the plaintiff’s intestate. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1913, of the superior court by Peaslee, J., on the defendant’s exception to the denial of a motion for a nonsuit.
1Opinion of the CourtWalker, J.
The deceased was killed by being run over by one of the defendant’s locomotives which was backing on one of the tracks from West Lebanon in this state, across the bridge to White River Junction in Vermont. He was traveling toward the latter place in performance of his duty as a section hand, for the purpose of clearing the switches of snow and salting them. The accident occurred in Vermont, .but it was agreed that the law applicable to the case is the same in both states. No one saw the accident, but from the attendant circumstances it may be assumed, in accordance with the plaintiff’s…
2Cases cited3 opinions
- Batchelder v. Boston & Maine RailroadSupreme Court of New Hampshire · 1904
- Gibson v. Maine Central RailroadSupreme Court of New Hampshire · 1909
- Tucker v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905
3Cited by2 opinions
- Olsen v. Boston & Maine RailroadSupreme Court of New Hampshire · 1925
- Zuverino v. Boston & Maine RailroadSupreme Court of Vermont · 1928