Supreme Court of New Hampshire May 2, 1933 (Fears v. Boston & Maine Railroad)

Peaslee, C. J.

The parties have agreed upon certain facts in the case for the purpose of ascertaining their rights thereunder in advance

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of a trial. Those facts are that the plaintiff was employed in breaking down coal from a chute into a hopper, whence it was to be run into the tenders of interstate and intrastate locomotives indiscriminately.