Legal Opinion

Carpenter v. Central Vermont Railway Co.

Supreme Court of Vermont

Decided July 3, 1919PublishedCited by 7 opinions

Action on the Case for personal injuries. There was a hearing on defendant’s demurrers to plaintiff’s replications after the September Term, 1915, Windham County, before Fish, J., and the demurrers were severally overruled. The defendant electing to abide by its demurrers, at the April Term, 1916, Windham County, Miles, J., presiding, judgment was rendered against the defendant on all of the demurrers, and the case ordered to stand for trial on the question of damages.

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Action on the Case for personal injuries. There was a hearing on defendant’s demurrers to plaintiff’s replications after the September Term, 1915, Windham County, before Fish, J., and the demurrers were severally overruled. The defendant electing to abide by its demurrers, at the April Term, 1916, Windham County, Miles, J., presiding, judgment was rendered against the defendant on all of the demurrers, and the case ordered to stand for trial on the question of damages. At the same term there was trial by jury on the question of damages. Verdict and judgment for the plaintiff. The defendant…

1Opinion of the CourtWatson, C. J.

When this case was here before (as reported in 90 Vt. 35, 96 Atl. 375), it was on exceptions to rulings on questions of evidence, made during a trial .on the merits. The casé then standing on the original declaration (all counts), we said in stating the case, was an action at common law. Now the nature of the original counts in that respect is involved in the questions expressly raised by the exceptions, and is for decision. Each of those counts alleges that defendant, at the time in question, had in its possession, control, and management a certain line of railroad extending from South…

2Cases cited20 opinions

  1. Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
  2. Seaboard Air Line Railway v. RennSupreme Court of the United States · 1916
  3. Atlantic Coast Line Railroad v. BurnetteSupreme Court of the United States · 1915
  4. Winfree v. Northern Pacific Railway Co.Supreme Court of the United States · 1913
  5. Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903

15 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Davis v. ChrispSupreme Court of Arkansas · 1923
  2. Monti v. StateSupreme Court of Vermont · 1989
  3. Parker v. BowenSupreme Court of Vermont · 1924
  4. Schlitz v. Lowell Mutual Fire InsuranceSupreme Court of Vermont · 1923
  5. Bemis v. AldrichSupreme Court of Vermont · 1929

2 more not listed; retrieve them via the Exa API.

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