Davis & Gay v. Central Vermont Railroad
Supreme Court of Vermont
Case for the negligence of the defendant, by which the grain of the plaintiff was destroyed. Plea, the general issue, with notice of special matter. Trial by court at the September term, 1892, Rutland county, Taft, J., presiding. Upon the facts found and certified by the court, judgment was given for the plaintiff, to which the defendant excepted. The plaintiff claimed to recover for the amount of certain grain, which was in transit from Chicago to Rutland, Vt.
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Case for the negligence of the defendant, by which the grain of the plaintiff was destroyed. Plea, the general issue, with notice of special matter. Trial by court at the September term, 1892, Rutland county, Taft, J., presiding. Upon the facts found and certified by the court, judgment was given for the plaintiff, to which the defendant excepted. The plaintiff claimed to recover for the amount of certain grain, which was in transit from Chicago to Rutland, Vt. As evidence of his title to said grain he introduced certain through bills of lading, which contained, among other conditions, the…
1Opinion of the CourtRoss, C. J.
The controlling facts found by the county court are : That the grain for the loss of which recovery is sought, came to the defendant from the Ogdensburg Transportation Co., shipped by wholesale dealers from Chicago, on bills of lading running to the order of the shipper; that the plaintiffs purchased the bills of lading, usually, after the grain had arrived at Ogdensburg, and had been received by the defendant into its elevator; that the bills of lading, among other things, provided that the Ogdensburg Transportation Co., and any other common carrier, in the line oí transportation, should not…
2Cases cited21 opinions
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Perley v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
16 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hazel B. McTighe v. New England Telephone and Telegraph CompanyCourt of Appeals for the Second Circuit · 1954
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Ploof v. Burlington Traction Co.Supreme Court of Vermont · 1898
- Saliba v. New York Central R.R. Co.Supreme Court of Vermont · 1929
- Porter Screen Manufacturing Co. v. Central Vermont Railway Co.Supreme Court of Vermont · 1917
11 more not listed; retrieve them via the Exa API.