Trow v. Vermont Central Railroad
Supreme Court of Vermont
Trespass on the case, for negligence of the defendants in not ^ maintaining proper fences and cattle guards upon their Railroad, whereby the plaintiff’s, horse came upon the Railroad track and was killed. Plea, the general issue and trial by jury, March term, 1852. Poland, J., presiding.
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Trespass on the case, for negligence of the defendants in not ^ maintaining proper fences and cattle guards upon their Railroad, whereby the plaintiff’s, horse came upon the Railroad track and was killed. Plea, the general issue and trial by jury, March term, 1852. Poland, J., presiding. The plaintiff gave evidence tending to prove, that the defendants’ Railroad, for a distance of about seventy-five rods against and near the “ Falls Village,” in Northfield, was wholly unfenced, and that at several places within that distance, there was no obstruction to the passing of cattle and horses upon…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The declaration in this case, in substance states, that the defendants are the owners and occupiers of a certain Railroad passing through “ Falls Village,” in the town of Northfield, and by the side of and across a public highway, leading through that village ; and that' being such owners and occupiers, it was their duty to construct and maintain fences by the side of their road, suitable ■ to prevent cattle and other animals from passing upon the Railroad track ; and also, for the same purpose, to erect and maintain suitable cattle guards at…
2Cases cited6 opinions
- Peck v. SmithSupreme Court of Connecticut · 1814
- Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
- Quimby v. Vermont Central RailroadSupreme Court of Vermont · 1851
- Noyes v. Town of MorristownSupreme Court of Vermont · 1828
- Allen v. Town of HancockSupreme Court of Vermont · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
57 more not listed; retrieve them via the Exa API.