Magoon v. Boston & Maine Rd.
Supreme Court of Vermont
Case for personal injuries. Plea, the general issue. Trial by jury at the February term, 1894, Orleans county, Rowell, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff was injured while attempting to pass over the buffers and draw bars between two freight cars standing upon a highway crossing in the village of Newport.
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Case for personal injuries. Plea, the general issue. Trial by jury at the February term, 1894, Orleans county, Rowell, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff was injured while attempting to pass over the buffers and draw bars between two freight cars standing upon a highway crossing in the village of Newport. He testified that the cars were standing there when he first came in sight of the crossing on his way down the street ,• that he stood beside them for some fifteen minutes before attempting to pass through ; that he saw no employee of…
1Opinion of the CourtTyler, J.
This suit was brought to recover damages tor injuries sustained by the plaintiff by reason of the alleged negligence of the défendant.
The plaintiff’s evidence tended to show that the defendant was guilty of negligence ; that it might have pushed the cars further south so as to have cleared the crossing instead of leaving them upon it; that it thereby violated Act No. 39, Laws of 1882, and rendered itself liable to a fine of from five dollars to twenty dollars.
It further tended to show that this highway crossing had existed in substantially the same manner for twenty years or more, and that…
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- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
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