LAMONTAGNE v. CANADIAN NATIONAL RAILWAY CO.

No. 3974.

97 N.H. 6 (1951)

LAURIER LAMONTAGNE v. CANADIAN NATIONAL RAILWAY CO.

Supreme Court of New Hampshire.

April 3, 1951.


Attorney(s) appearing for the Case

H. Thornton Lorimer and J. Ls. Blais for the plaintiff.

Upton, Sanders & Upton and Robert Rich for the defendant.


BLANDIN, J.

The defendant's motions for a nonsuit and directed verdict were properly denied. Rising above the sea of figures which of necessity are an inevitable part of such cases as this the following landmarks appear. If the fireman was on the lookout as admittedly it was his duty to be it is findable that he could have seen Lettre the flagman from a distance of at least eight hundred thirty-two feet away. This is conceded even by the defendant's civil engineer...

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