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STATE v. BOSTON & MAINE RAILROAD

No. 4225.

99 N.H. 66 (1954)

STATE & a. v. BOSTON & MAINE RAILROAD.

Supreme Court of New Hampshire.

Decided May 19, 1954.

Attorney(s) appearing for the Case

Warren E. Waters, Deputy Attorney General (by brief and orally), for the State.

Errol S. Hall (by brief and orally), for the town of Farmington.

Cooper, Hall & Cooper and John M. Brant (Mr. Brant orally), for the city of Rochester.

Burns, Calderwood & Bryant (Mr. Bryant orally), for the defendant.

KENISON, C. J.

The motions for a nonsuit, a directed verdict and a judgment notwithstanding the disagreement of the jury are based in part on the proposition that on all the evidence the jury could not properly find that the defendant's locomotive started any fire on the railroad right of way. In several cases where it has been found that the railroad started the fire, there was evidence of other fires caused by the railroad...

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