BROX'S DAIRIES v. BOSTON & MAINE R. R.

No. 4664.

101 N.H. 386 (1958)

BROX'S DAIRIES, INC. v. BOSTON AND MAINE RAILROAD.

Supreme Court of New Hampshire.

Decided July 1, 1958.


Attorney(s) appearing for the Case

Hamblett, Kerrigan & Hamblett (Mr. Kerrigan orally), for the plaintiff.

Sheehan, Phinney, Bass, Green & Bergevin and Richard A. Morse (Mr. Morse orally), for the defendant.


WHEELER, J.

The sole question presented is whether there was error in granting the defendant's motion for a nonsuit. Construing the evidence most favorably to the plaintiff, it could be found that on November 11, 1953, at about 9:15 p. m., the plaintiff's trailer truck operated by one St. Pierre was proceeding easterly on Route 101-A approaching defendant's railroad crossing at a speed of 20 to 25 miles per hour. The operator testified that under ordinary conditions...

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