Marshall P. Clark v. Boston & Maine
1934.NH.31, 173 A. 368, 87 N.H. 36
Supreme Court of New York
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The plaintiff, an adult in full possession of all his faculties, entered upon the defendants property at Nashua with the design of crossing its right of way from west to east at the Nashua station. At that point the defendants main line runs north and south and is double tracked, the westerly rails being used for southbound, and the easterly for northbound traffic. At the time of the accident, May 26, 1931, about quarter of seven in the morning, there was a freight train going north on the easterly tracks. The plaintiff looked north as he entered upon the westerly or southbound tracks, saw no train approaching, and proceeded to the vicinity of the easterly rail of those tracks where he stood watching the freight for a period of time estimated as from three to five minutes. He was somewhat familiar with the movement of trains at that time and place. He knew that a southbound train came in over the westerly tracks at about that time in the morning, but he did not look for it while he stood in its path, believing that it had passed, and that in any event he was in a place of safety. In fact the train was late and he was not in a place of safety, though he could have put himself in a place of undoubted security by moving a few feet in either direction off the rails. While he stood looking at the passing freight he was struck by the locomotive of the southbound train and received the injuries of which he complains.
- Category: Law
- Published: 05 June 1934
- Publisher: LawApp Publishers
- Seller: Innodata Book Distribution Services Inc
- Print Length: 8 Pages
- Language: English