Moses v. Boston & Maine Railroad

79 A. 21, 76 N.H. 570, 1911 N.H. LEXIS 206

Opinion

Per Curiam.

There was no evidence of the usual practice in the matter in controversy, and the case must be decided upon the common knowledge of mankind upon the subject. So considering it, the defendants’ contention cannot be sustained. There is n.o statute requiring passengers to remain in a car until the station is announced, and it is not common knowledge that this is what the ordinary man would do.

Exception overruled.