Legal Opinion
Boireau v. Rhode Island Co.
U.S. Circuit Court for the District of Rhode Island
Decided April 20, 1909No. 2,807PublishedCited by 2 opinions
At Law. On demurrer to declaration.
1Opinion of the Court
BROWN, District Judge.
The action is for personal injuries caused by the derailment of a car.
The first count of the declaration charges that the defendant “allowed its roadbed, rails, ties, tracks, car wheels, brakes, controllers of said car to be in a defective, unsafe, out of repair, and dangerous condition,” and that in consequence of said condition the car was derailed, causing personal injuries to the complainant.
The defendant demurs specially for duplicity, in that several distinct acts of negligence are set forth in each count. He relies upon La Porte v. Cook, 20 R. I. 261, 38 Atl. 700;…
2Cases cited6 opinions
- Crain v. United StatesSupreme Court of the United States · 1896
- Washington & Georgetown Railroad v. HickeySupreme Court of the United States · 1897
- Andersen v. United StatesSupreme Court of the United States · 1898
- Commonwealth v. ButterickMassachusetts Supreme Judicial Court · 1868
- Laporte v. CookSupreme Court of Rhode Island · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Creen v. Michigan Central RailroadMichigan Supreme Court · 1911
- Sutherland v. Buckeye Cotton Oil Co.District Court, S.D. Mississippi · 1919