Parker v. Boston & Maine Railroad
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1910, Orleans County, Waterman, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. That the passenger was injured without fault on his part raises no presumption of negligence on the part of the carrier and does not place on the latter the burden of proving that the injury was not caused by its negligence. Railroad Co. v. Buchelew, 3 Tex.
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Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1910, Orleans County, Waterman, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. That the passenger was injured without fault on his part raises no presumption of negligence on the part of the carrier and does not place on the latter the burden of proving that the injury was not caused by its negligence. Railroad Co. v. Buchelew, 3 Tex. Civ. App. 272, 22 S. W. 994; In the absence of any statute or ordinance on the subject, no rate of speed in running a…
1Opinion of the CourtRowell, C. J.
This is ease for negligence. On June 26, 1909, the plaintiff was a passenger- on the defendant’s north bound express train .No. 41 known as the Boston & Montreal Air Line Train, when it was derailed on the “Snake Alley” section of the road twelve, miles north of Wells River. She was sitting at the time on the left side of the car on. the end of .the seat next to the aisle, and as she instinctively, threw up her right arm, it was hit and injured on the elbow by a dress-suit case that was.thrown from a rack on the opposite side of the car. .
The declaration contains three counts. The first is…
2Cases cited16 opinions
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Richmond & Danville Railroad v. ElliottSupreme Court of the United States · 1893
- Amos Wade v. Jacob R. Leroy and Henry E. PierrepointSupreme Court of the United States · 1858
- Nebraska City v. CampbellSupreme Court of the United States · 1863
- Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
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3Cited by16 opinions
- Platt v. ShieldsSupreme Court of Vermont · 1923
- McAndrews v. LeonardSupreme Court of Vermont · 1926
- Bradley v. BlandinSupreme Court of Vermont · 1920
- Armijo v. National Surety Corp.New Mexico Supreme Court · 1954
- High v. Supreme Lodge of the WorldSupreme Court of Minnesota · 1943
11 more not listed; retrieve them via the Exa API.