[DOWNLOAD] "Gould v. Boston & M. R. R." by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free

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eBook details

• Title: Gould v. Boston & M. R. R.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 24, 1931
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

CARROLL, J. The plaintiff, as administrator of the estate of James W. Gould, brought this action to recover damages for the death of his intestate under Public Statutes of New Hampshire, 1891, c. 191, §§ 8-13, inclusive, now Public Law, of New Hampshire, 1926, c. 302, §§ 9-14, inclusive. It was alleged that the death was caused by the negligence of the defendant in the operation of one of its street cars on a trolley line between Manchester and Concord, New Hampshire. The answer was a general denial and an allegation of contributory negligence. The accident happened in the town of Hookset, New Hampshire, on November 29, 1924, at about 6 p. m. The plaintiff and his intestate, who was the plaintiff's father, left Concord about five o'clock in the afternoon and travelled southerly by automobile, the plaintiff seated on the left operating the motor vehicle and his father on his right. As they departed from Concord it was 'snowing moderately'; as they proceeded 'it was snowing quite heavy.' Soon after leaving Concord 'they noticed a single line of street car tracks' along the westerly or right-hand side of the highway. As they came to a fork in the way, the car tracks went to the right. The plaintiff continued 'straight ahead' for about four miles beyond the fork in the road when the motor vehicle was brought to a stop 'to allow the plaintiff's intestate to get out of the automobile to wipe the snow from that part of the windshield in front of him. * * * Just as the plaintiff's intestate got out * * * the plaintiff noticed an electric car approaching then from the south. He testified that he was quite surprised.' He called to his father, 'look out for the car'; he then drove to the left-hand side of the road and later, on leaving the automobile, came to his father 'lying face up in the middle of the road, his feet pointing toward and being about five feet from the car tracks' 'directly opposite the point where his father had got out of the automobile.' The intestate died on the way to the hospital.

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