LaMountain's Admx. v. Rutland Railroad
Supreme Court of Vermont
Action op Tort for negligence. Plea, the general issue. Trial by jury at the March Term, 1916, Rutland County, Fishr J., presiding. Verdict, and judgment for the defendant. The plaintiff excepted. The opinion states the case.
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Action op Tort for negligence. Plea, the general issue. Trial by jury at the March Term, 1916, Rutland County, Fishr J., presiding. Verdict, and judgment for the defendant. The plaintiff excepted. The opinion states the case. Although a person injured at a railroad crossing may be guilty of negligence which to some extent contributes to his injury, yet the railroad company is liable if notwithstanding such contributory negligence, it could by the exercise of ordinary care and diligence have avoided the injury but fails to do so, after it sees or knows of such person’s peril in time to avert…
1Opinion of the CourtPowers, J.
On January 5, 1915, George LaMountain was engaged in unloading coal from a car standing on the defendant’s siding near the Temple crossing in the city of Rutland. He was using sleds, and at the moment of the accident here involved he was snowing the crossing to facilitate his work. He obtained snow at a point about 20 feet north of the track, carried it on a shovel to the place where he wanted it, deposited it there, and went back for more. While he was thus engaged, the defendant ’s train, approaching from the west, struck him, and inflicted injuries from which he died. The Temple crossing…
2Cases cited7 opinions
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- French v. Grand Trunk Railway Co.Supreme Court of Vermont · 1904
- Magoon v. Boston & Maine Rd.Supreme Court of Vermont · 1894
- Flint's Admr. v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Seviour's Admr. v. Rutland RailroadSupreme Court of Vermont · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Shea v. PiletteSupreme Court of Vermont · 1937
- Dent v. Bellows Falls & Saxtons River Street Railway Co.Supreme Court of Vermont · 1922
- Goodwin, Admx. v. GastonSupreme Court of Vermont · 1931
- Meyette v. Canadian Pacific Railway Co.Supreme Court of Vermont · 1939
- Lachance, Admr. v. MyersSupreme Court of Vermont · 1925
14 more not listed; retrieve them via the Exa API.