Lindsay v. Canadian Pacific Railroad
Supreme Court of Vermont
Case for negligence, Plea, the general issue. Trial by jury at the September term, 1895, Orleans county, Start, J., presiding. At the close of the testimony the court directed a verdict for the defendant. Plaintiff excepts. Although the person is a trespasser upon the railroad track, still the employees of the company are bound to exercise reasonable care when they discover or ought to have discovered the presence of such person there. Mitchell v. Boston & Maine, If.
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Case for negligence, Plea, the general issue. Trial by jury at the September term, 1895, Orleans county, Start, J., presiding. At the close of the testimony the court directed a verdict for the defendant. Plaintiff excepts. Although the person is a trespasser upon the railroad track, still the employees of the company are bound to exercise reasonable care when they discover or ought to have discovered the presence of such person there. Mitchell v. Boston & Maine, If. H. ; Bemis v. Conn. & Pass. Rivers Rd. Co., .42 Vt. 375; Trow v. Vi. Central Rd. Co., 24 Vt. 478 ; Felch v. Concord Rd. Co., 29…
1Opinion of the CourtTyler, J.
The following are the material facts which the plaintiff's evidence tended to show : That it was the duty and practice of the defendant’s shunting crew to go with a shunting engine into the yard of the Boston and Maine R. R. Co., in the village of Newport, and pass along down the track to granite sheds after cars. This was done sometimes *561once a day, sometimes not oftener than once or twice a week, and some weeks not at all.
The Pelkey house in which the intestate lived with her lather and mother and three other small children, was situated between Coventry Street and said track, the rear of…
2Cases cited5 opinions
- Robinson v. ConeSupreme Court of Vermont · 1850
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Chrystal v. . Troy Boston R.R. Co.New York Court of Appeals · 1887
- Morrissey v. Eastern RailroadMassachusetts Supreme Judicial Court · 1879
- Magoon v. Boston & Maine Rd.Supreme Court of Vermont · 1894
3Cited by13 opinions
- Bottom's v. HawksSupreme Court of Vermont · 1911
- St. Louis S. F. R. Co. v. HodgeSupreme Court of Oklahoma · 1916
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Dent v. Bellows Falls & Saxtons River Street Railway Co.Supreme Court of Vermont · 1922
- Watterlund v. BillingsSupreme Court of Vermont · 1942
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