Wakefield v. Connecticut & Passumpsic Rivers Railroad
Supreme Court of Vermont
Action on the case. Plea, the general issue, and trial by jury, Caledonia county, June Term, 1861, Poland, Ch. J., presiding. The plaintiff’s evidence tended to prove that on the 16th day of August, 1860, he started from his home in Lyndon with four horses, intending to drive them to Boston for market. His horses were harnessed two abreast to a spring-board wagon.
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Action on the case. Plea, the general issue, and trial by jury, Caledonia county, June Term, 1861, Poland, Ch. J., presiding. The plaintiff’s evidence tended to prove that on the 16th day of August, 1860, he started from his home in Lyndon with four horses, intending to drive them to Boston for market. His horses were harnessed two abreast to a spring-board wagon. Just south of tlje village of Mclndoes Falls, in Barnet, the highway crosses the railroad of the defendants from the west to the east side, and then runs parallel and quite near the railroad for a considerable distance. The river is…
1Opinion of the CourtBarrett, J.
By section 55, ch. 28, of the General Statutes, it is required that, on every locomotive engine, the bell shall be rung, or the steam whistle blown, at least eighty rods from the place where the railroad shall pass any road or street on the same grade, and the ringing or blowing shall be continued until the engine shall have passed such crossing.
Two questions are made in this case under this provision of the statute: 1st, whether the plaintiff, having passed the crossing, and got some thirty-five rods'from it, on his way, before the engine ar*334rived at tbe place prescribed, may insist upon…
2Cited by25 opinions
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- Norton v. Eastern RailroadMassachusetts Supreme Judicial Court · 1873
- Williams v. Chicago & Alton RailroadIllinois Supreme Court · 1891
- Shea v. PiletteSupreme Court of Vermont · 1937
- Schmidt v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1868
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