St. Johnsbury & Lake Champlain Railroad v. Hunt
Supreme Court of Vermont
AotioN on the case for stopping the plaintiff’s cars. Heard on demurrer to the defendant’s special pleas, June Term, 1887, Yeazey, J., presiding.
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AotioN on the case for stopping the plaintiff’s cars. Heard on demurrer to the defendant’s special pleas, June Term, 1887, Yeazey, J., presiding. The court considered that, although the defendant might lawfully have caused his process against Collins to be served by arresting his body, if the officer could have got at him on the train, or off the train at the station when the train stopped without interference of the officer or in his behalf, regardless of the damages to the plaintiff, yet Hunt and his officer had no right to stop the train in order to get at Collins to serve this cival…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
This case was heard upon a general demurrer-to the defendant’s third special plea. The declaration in substance charged that while the plaintiff was lawfully and properly operating its railroad in running a train of which Collins was *592the engineer, its engine struck and injured a heifer of the defendant there by the fault of the defendant, wrongfully upon its track, and the defendant knowing he had no legal cause of action against the plaintiff, for the purpose of injuring the plaintiff and delaying and hindering the operation of the railroad,…
2Cited by5 opinions
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