Clark v. Boston & Maine Railroad

182 A. 175 (1935)

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Clark v. Boston & Maine Railroad

New Hampshire Supreme Court
182 A. 175 (1935)

Facts

Clark (plaintiff) was standing on railroad tracks when he was struck by a train coming from the opposite direction. Clark brought suit against Boston & Maine Railroad (defendant). The trial court found in favor of Clark. However, in response to exceptions from Boston & Maine Railroad, a new trial was granted. The court charged that the burden of proof on the issue of last chance rested upon the defendant, and the court again found in favor of Clark. Boston & Maine Railroad again filed exceptions. The New Hampshire Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Allen, C.J.)

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