New Hampshire

Chicago B. & Q. R.R. v. Krayenbuhl in New Hampshire Law

How Chicago B. & Q. R.R. v. Krayenbuhl applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Other.

State Approach

In New Hampshire, the principles established in Chicago B. & Q. R.R. v. Krayenbuhl regarding negligence and contributory aspects are evaluated through case law that emphasizes both foreseeability and the duty of care owed by defendants. The focus remains on the balance of probabilities in determining liability.

State Rule
New Hampshire follows a modified comparative negligence rule that allows for recovery as long as the plaintiff's negligence does not exceed that of the defendant.
Significant State Cases

D'Amante v. Stone

The court held that the plaintiff's own negligence was relevant to the case, reflecting the need for a careful analysis of contributions to the incident.

Dania v. State

The court reinforced the standard of care and the need for risk assessment, signaling how duty of care is evaluated alongside contributory negligence.

Dunlap v. O’Brien

This case addressed the standard of reasonable care expected in negligence claims, aligning with principles from Chicago B. & Q. R.R. v. Krayenbuhl.

Comparison to Federal Law

New Hampshire’s modified comparative negligence standard is similar to the federal guidelines under the Uniform Comparative Fault Act, where plaintiffs can recover damages as long as they are not more than 50% at fault. However, New Hampshire uniquely emphasizes a jury's role in determining the percentage of fault, which may vary from federal analyses.

Bar Exam Note

The concept of comparative negligence appears regularly on the New Hampshire bar exam, implicating cases like Chicago B. & Q. R.R. v. Krayenbuhl in hypothetical scenarios.

Practice Pointers
  • Always assess the degree of fault attributed to both the plaintiff and the defendant in negligence cases.
  • Understand the implications of foreseeability in determining the duty of care in New Hampshire.
  • Familiarize yourself with state-specific cases that illustrate the application of comparative negligence.
  • Prepare to argue the facts of a case in a manner that substantiates the applicable standard of care.
  • Use jury instructions on negligence as a roadmap to guide the framing of arguments and analysis.

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