Oscar Lavallee v. Boston and Maine
NH.25 , 197 A. 816, H. 323 (1938)(89 N)
Supreme Court of New Hampshire
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The plaintiff's evidence tended to prove the following facts. On the morning of January 30, 1934, the plaintiff was riding as a passenger in the cab of a truck which was in collision with a gasoline driven train of the defendant, at Everett's Crossing, so-called, in the town of Weare. The highway over which the truck was traveling was extremely icy and slippery and was bordered on both sides by a bank of snow piled up by the action of snow plows. From the direction in which the truck was approaching, the road descends to the crossing for a distance of approximately 119 feet, at a grade of 4.13%. The plaintiff's evidence tended to show that when the truck reached a point 125 feet from the crossing, the driver for the first time saw the approaching train, which was then opposite a large pine tree about 700 feet from the crossing. The truck at that time was traveling at a speed of 12 to 14 miles per hour. The driver immediately ""jammed on the brakes,"" thus locking the wheels of the truck, and causing the rear wheels to skid to the right. He also attempted to steer the truck into a snow bank on the left of the highway but was unable to do so because he could not get the front wheels out of the ruts in the road. The speed of the truck was reduced, by the action of the brakes, to 4 or 5 miles per hour, but it continued to slide down the grade at this speed, with the rear wheels out of line with the front ones, until it reached the crossing, where it was struck by the train which was proceeding at a speed of about 25 or 30 miles per hour. The engineer testified that when he first saw the truck the train was at a point from 120 to 125 feet from the crossing, that the truck appeared to him to be about the same distance from the crossing and approaching at a speed of about 30 miles per hour. The plaintiff's case comprises two claims of negligence: (1) that the statutory warning signals were not given, and (2) that the train was not stopped after the helpless condition of the truck was or should have been discovered.
- CHF 1.00
- Kategorie: Rechtswesen
- Erschienen: 01.03.1938
- Verlag: LawApp Publishers
- Druckseiten: 9 Seiten
- Sprache: Englisch