Newell v. Smith & Clark
Supreme Court of Vermont
Assumpsit against the defendants as common carriers of goods. The case was referred, “ to be heard and tried according to law.” The referee found and reported as follows : During the year 1866, the defendants and Lawrence Brainard (who died before the commencement of this suit), as receivers, appointed by the Court of Chancery in this state, were, and for some time before had been, in possession of and operating the Vt.
Read the full summary
Assumpsit against the defendants as common carriers of goods. The case was referred, “ to be heard and tried according to law.” The referee found and reported as follows : During the year 1866, the defendants and Lawrence Brainard (who died before the commencement of this suit), as receivers, appointed by the Court of Chancery in this state, were, and for some time before had been, in possession of and operating the Vt. Central and the Vt. & Canada Railroads, located in Vermont, and the Montreal & Vt. Junction Railroad, located in the Province of Quebec, Canada, forming a continuous line of…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The defendants were receivers in chancery of the .property of the railroads employed in partin the-transportation of the goods in question. In the operation and management of the roads, they sustained to persons dealing with them the char*265acter of common carriers. They at all times might invoke the aid of the Court of Chancery in any matter affecting their duty or liability under their trusteeship; waiving this, they are amenable in the common-law courts to actions for negligence as carriers. We have no occasion nor inclination to modify the…
2Cases cited5 opinions
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
- Ward v. New York Central RailroadNew York Court of Appeals · 1871
- Laurent v. VaughnSupreme Court of Vermont · 1858
- Morse v. BrainerdSupreme Court of Vermont · 1869
- Cutts v. BrainerdSupreme Court of Vermont · 1870
3Cited by8 opinions
- Lyman v. Central Vermont R. R.Supreme Court of Vermont · 1886
- Saliba v. New York Central R.R. Co.Supreme Court of Vermont · 1929
- Packard v. Taylor, Cleveland & Co.Supreme Court of Arkansas · 1880
- Merchants' Despatch Transportation Co. v. FurthmannIllinois Supreme Court · 1893
- In Re DawleySupreme Court of Vermont · 1926
3 more not listed; retrieve them via the Exa API.