Legal Opinion

Place v. Grand Trunk Railway Co.

Supreme Court of Vermont

Decided January 21, 1909PublishedCited by 12 opinions

Case for negligence. Plea, the general issue. Trial by jury at the October Term, 1907, Essex County, Miles, J., presiding. Verdict and judgment for the plaintiff.' The defendant excepted. This case has been once before in the Supreme Court. See 80 Vt. 196. Plaintiff was guilty of contributory negligence in descending between the cars in the circumstances.

Read the full summary

Case for negligence. Plea, the general issue. Trial by jury at the October Term, 1907, Essex County, Miles, J., presiding. Verdict and judgment for the plaintiff.' The defendant excepted. This case has been once before in the Supreme Court. See 80 Vt. 196. Plaintiff was guilty of contributory negligence in descending between the cars in the circumstances. McGeary v. The Old Colony B. B., (R. I.) 41 Atl. 1007; Benson v. N. Y., N. E. & E. B. B. Co., 59 Atl. 79; Demers v. Deering, (Me.) 44 Atl. 992. “While there is some conflict upon the question, the undoubted weight of authority is to the…

1Opinion of the CourtTyler, J.

The record shows that fifteen exceptions were taken by the defendant to the admission of evidence of which Nos. 3, 9, 10, 14 and 15 are waived; Nos. 1 and 2 are not insisted upon in the brief; Nos. 4, 5, 6, 7, 11 and 12 relate to the switch and are considered under one head in the brief. Exceptions were also taken to the charge as given by the court and to his omission to charge.

The location of the tracks in the defendant’s railroad yard at Island Pond is fully started in the opinion in Place v. Grand Trunk Ry. Co., 80 Vt. 196, 67 Atl. 545.

The northerly track, No. 1, was the boiler-house…

2Cases cited9 opinions

  1. Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
  2. Terre Haute & Indianapolis Railroad v. ClemIndiana Supreme Court · 1890
  3. Shinners v. Proprietors of Locks & Canals on Merrimack RiverMassachusetts Supreme Judicial Court · 1891
  4. Latremouille v. Bennington & Rutland Ry. Co.Supreme Court of Vermont · 1891
  5. Smith v. Central Vermont Railway Co.Supreme Court of Vermont · 1907

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Beaulac v. RobieSupreme Court of Vermont · 1917
  2. Yardley v. Rutland Railroad Co.Supreme Court of Vermont · 1931
  3. Duggan v. HeaphySupreme Court of Vermont · 1912
  4. Cummings v. Town of CambridgeSupreme Court of Vermont · 1919
  5. Sharby v. Town of FletcherSupreme Court of Vermont · 1924

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API