Legal Opinion

Samuel v. Grand Trunk Railway Co. of Canada

Supreme Court of Vermont

Decided August 15, 1869PublishedCited by 26 opinions

Action on the case, to recover for loss sustained by a destruction of tbe plaintiffs’ property by fire, alleged to have been communicated by fire from an engine of the defendants. Plea, tbe general issue and trial by jury, Marcli Term, 1869, Prout, J., presiding.

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Action on the case, to recover for loss sustained by a destruction of tbe plaintiffs’ property by fire, alleged to have been communicated by fire from an engine of the defendants. Plea, tbe general issue and trial by jury, Marcli Term, 1869, Prout, J., presiding. The writ was dated February 12, 1867. Tbe plaintiffs, in order to show title to the real estate alleged to have been injured and destroyed, as set forth in their declaration, introduced in evidence a deed from Aaron A. Adams and John Thornton, to said John B. Cleaveland, dated Oct. 12, 1861, in which they conveyed to him the…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

The plaintiffs claimed, and their evidence tended to prove, that the fire by which their property was destroyed originated by fire communicated by an engine of the defendants. The plaintiffs were not bound to prove any thing further in the first instance. The burden then, under General Statutes, ch. 28, § 78, was cast on the defendants, in order to exonerate themselves from liability for the plaintiffs’ loss, of showing “ that they had used all due caution and diligence, and employed suitable expedients to prevent such injury.” It would…

2Cases cited2 opinions

  1. Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
  2. Field v. . N.Y.C.R.R.New York Court of Appeals · 1865

3Cited by26 opinions

  1. Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
  2. Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
  3. Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
  4. Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
  5. Western & Atlantic Railroad v. TateSupreme Court of Georgia · 1907

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