Landon v. Boston & Maine Railroad

Supreme Court of New Hampshire
Landon v. Boston & Maine Railroad, 57 A. 920 (N.H. 1904)
72 N.H. 600; 1904 N.H. LEXIS 73
Walker

Landon v. Boston & Maine Railroad

Opinion of the Court

Walker, J.

The plaintiff’s intestate was killed in the collision of the defendant’s trains which occasioned the injuries complained of in Wallace v. Railroad, ante, p. 504. He was the fireman on train No. 265. There was a trial by jury and a verdict for the plaintiff. The question, whether the printed rules promulgated by the defendant for the government of the train dispatcher and the trainmen were reasonably sufficient and clear, was submitted to the jury, subject to exception. In view of the decision in the Wallace ease, this was error. Ther.e was no evidence from which it could be found that the rules were not reasonably sufficient for the orderly management of the colliding trains.

Exception sustained: verdict set aside.

All concurred.

Reference

Full Case Name
Landon, Adm’r, v. Boston & Maine Railroad
Status
Published