Needham v. Grand Trunk Railway Co.
Supreme Court of Vermont
Action on the Case. The plaintiff alleged in her declaration that on the 14th of July, 1864, the defendants were a corporation duly established by the laws of Vermont; that at that time there was a railroad extending from Portland, Maine, to Island Pond, Vermont, which the defendants used, maintained and controlled for usual railroad purposes, and which they were bound to keep in repair ; that on said day the intestate, Amos H. Needham, was in the employment of the…
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Action on the Case. The plaintiff alleged in her declaration that on the 14th of July, 1864, the defendants were a corporation duly established by the laws of Vermont; that at that time there was a railroad extending from Portland, Maine, to Island Pond, Vermont, which the defendants used, maintained and controlled for usual railroad purposes, and which they were bound to keep in repair ; that on said day the intestate, Amos H. Needham, was in the employment of the defendants as engineer, and that it was his duty to run an engine with a train of cars upon the said railroad from Gorham, N. H.,…
1Opinion of the Court
The opinion of the court was delivered" by
"Wilson, J.
The first question is whether a wrongful act or neglect resulting in death affords more than a single cause of action. In order to determine this question it becomes necessary to examine *300the provisions of onr statutes on the subject of survivorship of actions and causes of action. Section 10 of chapter fifty-two of our General Statutes, provides that “ in addition to the actions which survive at common law, the following shall survive and may be commenced and prosecuted by the executor or administrator,” that is to say, ejectment, “replevin…
2Cases cited4 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Quin v. . MooreNew York Court of Appeals · 1857
- Beach v. Bay State Steamboat Co.New York Supreme Court · 1859
- Crowley v. Panama Rail RoadNew York Supreme Court · 1859
3Cited by64 opinions
- Grant v. McAuliffeCalifornia Supreme Court · 1953
- Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Stewart v. United Electric Light & Power Co.Court of Appeals of Maryland · 1906
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Mayhew v. BurnsIndiana Supreme Court · 1885
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