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eBook details

• Title: Sara Lee Hackett v. Boston & Maine
• Author : Supreme Court of New Hampshire
• Release Date : January 01, 1938
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

These actions grow out of the accident that gave rise to the cases reported in Carbone v. Railroad, ante, 12. Although the present record includes none of the evidence upon the question of liability, it was admitted by both plaintiffs and defendant in brief and argument that upon the evidence that question was one for the jury. We shall consider later possible implications of the inference that reasonable men might have differed upon the question of liability and attend first to the principal contentions of the parties relative to the sufficiency or insufficiency of the verdicts. The uncontradicted evidence upon damages (none was introduced by the defendant) appears in the record. It is such as to support the court's findings relative to the earning capacities of the decedents. Those findings were as follows: ""Mr. Hackett was trained as a plumber and electrician. He worked for the Boston & Albany Railroad as a plumber's helper where he received regular pay of Thirty (30.00) Dollars a week. When work was slack the pay would be from Fifteen Dollars (15.00) up. In summers he worked for the J. T. Sweeney Tarvia Works, because the work on the railroad was slack, where he received Thirty-five (35.00) Dollars a week. For two or three years prior to the accident, he worked for Mr. Sweeney and maintained his job also with the Boston & Albany. He worked for Mr. Sweeney on leaves of absence from the Boston & Albany and also during some of his spare time while working for the latter.

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