Reynolds v. Boston & Maine Railroad
Supreme Court of Vermont
Action on the case. Plea, the general issue. Trial by jury at the September term, Orleans county, 1890, Powers, J., presiding. The court directed a verdict for the defendant at the close of the-plaintiffs evidence, to which the plaintiff excepted. The plaintiff sought to recover for the loss of an arm occasioned by catching the same between the deadwoods of two cars,, which the plaintiff was attempting to couple while in the employ of the defendant as a brakeman.
Read the full summary
Action on the case. Plea, the general issue. Trial by jury at the September term, Orleans county, 1890, Powers, J., presiding. The court directed a verdict for the defendant at the close of the-plaintiffs evidence, to which the plaintiff excepted. The plaintiff sought to recover for the loss of an arm occasioned by catching the same between the deadwoods of two cars,, which the plaintiff was attempting to couple while in the employ of the defendant as a brakeman. The plaintiff sought to charge-the defendant with negligence in two respects; first, in that the! cars between which his arm was…
1Opinion of the CourtTaet, J.
After the plaintiff rested in the opening of his case the defendant moved for a verdict upon the ground that there was no testimony tending to show that the defendant was negligent in receiving or hauling the cars which caused the injury to the plaintiff, nor in cautioning the plaintiff about the work that he was to do. The plaintiff claimed to recover upon both grounds. The cars causing the injury did not belong to the defendant, were not of its construction, but came to it, in the course of its business, from a connecting road. It is difficult to see any distinction between the liability of…
2Cited by14 opinions
- Felton v. GirardyCourt of Appeals for the Sixth Circuit · 1900
- Louisville & N. R. v. MillerCourt of Appeals for the Sixth Circuit · 1900
- Carleton v. E. & T. Fairbanks & Co.Supreme Court of Vermont · 1915
- Kiley v. Rutland RailroadSupreme Court of Vermont · 1908
- LaFlam v. Missisquoi Pulp Co.Supreme Court of Vermont · 1902
9 more not listed; retrieve them via the Exa API.