Hard v. Vermont & Canada Railroad
Supreme Court of Vermont
Case to recover damages for the death of the plairiliff’s intestate, occasioned, as the declaration alleged, by the explosion of a locomotive which the intestate was running as engineer upon the road and in the employment of the defendants, such explosion being alleged to have occurred in consequence of the defendants’ neglect. The action was brought by the plaintiff for the benefit of the widow and children of the intestate.
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Case to recover damages for the death of the plairiliff’s intestate, occasioned, as the declaration alleged, by the explosion of a locomotive which the intestate was running as engineer upon the road and in the employment of the defendants, such explosion being alleged to have occurred in consequence of the defendants’ neglect. The action was brought by the plaintiff for the benefit of the widow and children of the intestate. The defendants pleaded the general issue, and the cause was tried by jury, at the March Term, 1859, — Bennett, J., presiding; The evidence introduced by the plaintiff…
1Opinion of the CourtPierpoint, J.
This action was brought under the statute of this State to recover damages resulting from the death of the intestate, who was killed by the explosion of the railroad engine “ John Smith,” owned by the defendants, and while the intestate was running it on their road and in their service.
From, the evidence stated in the bill of exceptions, and the charge of the court thereon, it must be conceded that the jury, in order to justify thejr verdict, must have found that the accident that resulted in the death of the intestate occurred in consequence of the carelessness or unfaithfulness of one…
2Cases cited1 opinion
- Noyes v. SmithSupreme Court of Vermont · 1855
3Cited by33 opinions
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Wonder v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1870
- Quincy Mining Co. v. KittsMichigan Supreme Court · 1879
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
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