SIGEL v. BOSTON & MAINE RAILROAD

No. 5375.

107 N.H. 8 (1966)

SELMA SIGEL & a. v. BOSTON & MAINE RAILROAD & a.

Supreme Court of New Hampshire.

Decided January 31, 1966.


Attorney(s) appearing for the Case

Devine, Millimet, McDonough, Stahl & Branch (Mr. Joseph A. Millimet orally), for the plaintiffs Selma Sigel and Saul Sigel and Matthias J. Reynolds, administrator of the estate of John S. Wilder.

Upton, Sanders & Upton (Mr. John H. Sanders orally), for the plaintiff Matthias J. Reynolds, administrator of the estate of John S. Wilder.

McLane, Carleton, Graf, Greene & Brown (Mr. Kenneth F. Graf orally), for the plaintiff Ida Detwiler.

Harkaway & Barry (Mr. Aaron A. Harkaway orally), for the plaintiff William P. Sullivan, administrator of the estates of Wrenn passengers.

Wiggin, Nourie, Sundeen, Nassikas & Pingree and Sheehan, Phinney, Bass, Green & Bergevin (Mr. William L. Phinney orally), for the plaintiff-defendant Boston & Maine Railroad.

James L. Ryan and Hamblett, Kerrigan & Hamblett and Danais & Danais for the plaintiff-defendant Leo J. Wrenn, administrator of the estate of Robert M. Wrenn.

Burns, Bryant & Hinchey and Sweeney & Kelly (Mr. Robert E. Hinchey orally), for the defendant Koppers Company, Inc.


BLANDIN, J.

The defendant railroad, hereinafter referred to as the defendant, in its thorough and searching brief, argues that its motions for nonsuits and directed verdicts should have been granted. It advances several grounds for this position, which we will take up in order.

The first is that "There is no evidence whatsoever that the Budd car's speed of 70 miles per hour over the crossing in itself caused, or helped...

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