Bonnin v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence. Trial by jury. At the close of the plaintiff’s evidence the defendants’ motion for a nonsuit was granted, subject to exception. If the exception is sustained, there is to be judgment for the plaintiff for $3,000. If it is not sustained, the case is to be entered: Neither party, no further action for the same cause.
Read the full summary
Case, for negligence. Trial by jury. At the close of the plaintiff’s evidence the defendants’ motion for a nonsuit was granted, subject to exception. If the exception is sustained, there is to be judgment for the plaintiff for $3,000. If it is not sustained, the case is to be entered: Neither party, no further action for the same cause. Transferred from the September term, 1914, of the superior court by Chamberlin, J. April 3, 1912, the plaintiff was struck and injured by a train while attempting to cross the tracks south of the Manchester station. He alleges that while in the exercise of…
1Opinion of the CourtPlummer, J.
In an action for negligence at common law, the burden is upon the plaintiff to prove that he was in the exercise of due care at the time of the accident. Under section 2, chapter 163, Laws of 1911, the burden of proof is not placed upon the plaintiff; but if the preponderance of the evidence shows want of due care on his part, he cannot recover. So whether the plaintiff’s action comes within the scope of the statute or under the common law, if it appears by the weight or the preponderance of the evidence that his negligence contributed to cause the accident, he cannot prevail. The plaintiff…
2Cases cited8 opinions
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
- McGill v. Maine & New Hampshire Granite Co.Supreme Court of New Hampshire · 1899
- Cavanaugh v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
- Waldron v. Boston & Maine RailroadSupreme Court of New Hampshire · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Robinson v. Boston & Maine RailroadSupreme Court of New Hampshire · 1932
- Olsen v. Boston & Maine RailroadSupreme Court of New Hampshire · 1925
- Sarkise v. Boston & Maine RailroadSupreme Court of New Hampshire · 1936
- Davis v. H. P. Cummings Construction Co.Supreme Court of New Hampshire · 1925
- Gates v. Boston & Maine RailroadSupreme Court of New Hampshire · 1944
2 more not listed; retrieve them via the Exa API.