MacKey v. Grand Trunk Railway Co.

Supreme Court of New Hampshire

MacKey v. Grand Trunk Railway Co.

85 A. 1134, 76 N.H. 581, 1912 N.H. LEXIS 100

DecidedDecember 3, 1912

StatusPublished

This text of 85 A. 1134 (MacKey v. Grand Trunk Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

MacKey v. Grand Trunk Railway Co., 85 A. 1134, 76 N.H. 581, 1912 N.H. LEXIS 100 (N.H. 1912).

Pincite

Opinion

Parsons, C. J.

Upon the only ground of liability asserted — the defendants’ fault in not avoiding the injury 'after discovery of the danger — the case cannot be distinguished from Cavanaugh v. Railroad, ante, 68. In view of the suggestion of additional evidence upon the question of damages, there is now no occasion to consider the plaintiff’s exception to the ruling thereon, which was not argued. The plaintiff was entitled to go to the jury.

Exception sustained.

All concurred.

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Parsons, C. J.

Upon the only ground of liability asserted — the defendants’ fault in not avoiding the injury 'after discovery of the danger — the case cannot be distinguished from Cavanaugh v. Railroad, ante, 68. In view of the suggestion of additional evidence upon the question of damages, there is now no occasion to consider the plaintiff’s exception to the ruling thereon, which was not argued. The plaintiff was entitled to go to the jury.

Exception sustained.

All concurred.

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Bluebook (online)

85 A. 1134, 76 N.H. 581, 1912 N.H. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackey-v-grand-trunk-railway-co-nh-1912.