John W. Philbrook v. Aroostook Valley Railroad

Supreme Judicial Court of Maine

John W. Philbrook v. Aroostook Valley Railroad

111 A. 579, 119 Me. 599, 1920 Me. LEXIS 111

DecidedNovember 20, 1920

StatusPublished

This text of 111 A. 579 (John W. Philbrook v. Aroostook Valley Railroad) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

John W. Philbrook v. Aroostook Valley Railroad, 111 A. 579, 119 Me. 599, 1920 Me. LEXIS 111 (Me. 1920).

Pincite

Opinion

This case presents questions of inference from practically undisputed facts; the questions involved are, (1) the negligence of the defendant company in following its regular train by a freight within about 100 feet, across a farm crossing, on the plaintiff’s farm, over which he was accustomed to pass; and (2) the negligence of the plaintiff in not looking up the track after the regular had passed to observe whether any other train was following.

The jury found for the plaintiff. Under all the circumstances of the case we do not think the court should intervene. The issues are questions for the jury and not for the court.

Under the carefully wrought rule, in York v. Railroad Company, 84 Maine, 117, we are of the opinion that the verdict was based upon evidence sufficient to warrant the jury in finding it. Motion overruled.

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This case presents questions of inference from practically undisputed facts; the questions involved are, (1) the negligence of the defendant company in following its regular train by a freight within about 100 feet, across a farm crossing, on the plaintiff’s farm, over which he was accustomed to pass; and (2) the negligence of the plaintiff in not looking up the track after the regular had passed to observe whether any other train was following.

The jury found for the plaintiff. Under all the circumstances of the case we do not think the court should intervene. The issues are questions for the jury and not for the court.

Under the carefully wrought rule, in York v. Railroad Company, 84 Maine, 117, we are of the opinion that the verdict was based upon evidence sufficient to warrant the jury in finding it. Motion overruled.

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Bluebook (online)

111 A. 579, 119 Me. 599, 1920 Me. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-w-philbrook-v-aroostook-valley-railroad-me-1920.