Smith v. Central Vermont Railway Co.
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the December Term, 1906, Orange County, Waterman, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The' opinion fully- states the case. It was error to admit the testimony of the witness Flint as to the appearance of the burnt district 14 months after the fire, as tending to show its origin. That was allowing the jury to' guess as to defendant’s liability.
Read the full summary
Case for negligence. Plea, the general issue. Trial by jury at the December Term, 1906, Orange County, Waterman, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The' opinion fully- states the case. It was error to admit the testimony of the witness Flint as to the appearance of the burnt district 14 months after the fire, as tending to show its origin. That was allowing the jury to' guess as to defendant’s liability. This class of evidence is restricted to eases where there is no direct evidence that the fire was set by sparks from defendant’s locomotives, and…
1Opinion of the CourtWatson, J.
The plaintiff seeks to recover damages for loss of buildings and contents by fire alleged to have been started on the defendant’s right of way by sparks emitted from its locomotive engines, April 1, 1905. A certified transcript of the entire case is made a part of the bill of exceptions, and is to control.
The plaintiff’s evidence tended to show that on the day above named a fire was started in the dry grass, weeds, and brush on defendant’s right of way about one-half of a mile north of the railroad station at Bethel; that the land was very dry and the wind blowing toward the southeast; that…
2Cases cited12 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- People v. . JacksonNew York Court of Appeals · 1888
- Field v. . N.Y.C.R.R.New York Court of Appeals · 1865
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Hughes v. StateTennessee Supreme Court · 1912
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Schumacher v. Murray HospitalMontana Supreme Court · 1920
- State v. LapanSupreme Court of Vermont · 1928
- Belka v. AllenSupreme Court of Vermont · 1909
24 more not listed; retrieve them via the Exa API.