Smith v. Maine Central Railroad
Supreme Judicial Court of Maine
On MOTION. This was an action on the case in which the plaintiff recovered a verdict for personal injuries received in a collision of his carriage with the defendant’s freight train, consisting of four freight cars and one saloon car, while making a flying switch after dark at the Summer street crossing, near defendant’s. station in Foxcroft, Piscataquis county, in the evening of November 23, 1891. The principal allegations of negligence charged in the plaintiff’s…
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On MOTION. This was an action on the case in which the plaintiff recovered a verdict for personal injuries received in a collision of his carriage with the defendant’s freight train, consisting of four freight cars and one saloon car, while making a flying switch after dark at the Summer street crossing, near defendant’s. station in Foxcroft, Piscataquis county, in the evening of November 23, 1891. The principal allegations of negligence charged in the plaintiff’s declaration were the running the train in this way with the locomotive behind, and without either'a gate, or a flagman, or any…
1Opinion of the CourtWhitehouse, J.
The plaintiff recovered a verdict of $4,191, for a personal injury received in a collision of the defendant’s cars with the carriage in which the plaintiff was riding at the Summer street crossing, near the defendant’s station in Foxcroft, on the 23rd day of November, 1891, and the case comes to the laiv court on a motion to set aside this verdict as against evidence, and for newly-discovered evidence.
It is the opinion of the court that, under the settled law of this state, the verdict was not justified by the evidence introduced at the trial and cannot be permitted to stand.
The accident…
2Cases cited4 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Brickell v. N. Y. C. & H. R. R. R. Co.New York Court of Appeals · 1890
3Cited by18 opinions
- Clarke v. Connecticut Co.Supreme Court of Connecticut · 1910
- Flynn v. Chicago City Railway Co.Illinois Supreme Court · 1911
- Wentworth v. Town of WaterburySupreme Court of Vermont · 1916
- Warth v. County Court of Jackson CountyWest Virginia Supreme Court · 1912
- Carter v. Central Vermont RailroadSupreme Court of Vermont · 1900
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