Griffin v. Boston & Maine Railroad
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the April Term, 1912, Windham County, Fish, J7, presiding. Yerdict and judgment for the plaintiff. The defendant excepted. The opinion states the ease. The “incompetency” of a servant, which will render the master liable to a coservant, does not refer merely to physical and mental attributes, but includes temperament and disposition.
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Case for negligence. Plea, the general issue. Trial by jury at the April Term, 1912, Windham County, Fish, J7, presiding. Yerdict and judgment for the plaintiff. The defendant excepted. The opinion states the ease. The “incompetency” of a servant, which will render the master liable to a coservant, does not refer merely to physical and mental attributes, but includes temperament and disposition. Furlong v. R. R., 83 Conn. 568, 78 Atl. 489; Whitaker v. R. R., 126 N. Y. 544, 27 N. E. 1042; Coppins v. R. R., 122 N. Y. 557, 25 N. E. 915; First National Banh v. Chandler, 144 Ala. 286, 39 So. 822;…
1Opinion of the CourtPowers, J.
The declaration contained several counts, but the case was submitted to the jury on the fifth, only. This charged the defendant with negligence in the matter of furnishing the plaintiff with suitable fellow workmen.
The work in which the plaintiff was engaged when injured consisted in raising the defendant’s bridge over the West River, a mile or so north of Brattleboro station. This bridge, so far as we need to describe'it, was about 300 feet long, and carried a single track laid on twelve foot ties set from four to six inches apart. There were three spans, of which the middle one only, had…
2Cases cited62 opinions
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. GossettIndiana Supreme Court · 1909
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
57 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Platt v. ShieldsSupreme Court of Vermont · 1923
- Hatch v. DanielsSupreme Court of Vermont · 1922
- Lancour v. Herald & Globe Ass'nSupreme Court of Vermont · 1941
- Parizo v. WilsonSupreme Court of Vermont · 1929
- State v. OrlandiSupreme Court of Vermont · 1934
19 more not listed; retrieve them via the Exa API.