neutral
Cited (no substantive treatment)
0.3 score
Retrieving the full opinion text from the archive…
MacKey, Adm’r,
v.
Grand Trunk Railway Co.
v.
Grand Trunk Railway Co.
Supreme Court of New Hampshire.
Dec 3, 1912.
Matthew J. Ryan and Herbert I. Goss {Mr. Goss orally), for the plaintiff., Drew, Shurtleff & Morris and Rich & Marble' {Mr. Marble and Eri C. Oakes orally), for the defendants.
Parsons.
Published
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.