Ouimit v. Henshaw
Supreme Court of Vermont
Case against the defendants as common carriers over the railroad known as the Rutland and Burlington railroad, for the loss of a box, containing divers articles of personal property-belonging to the plaintiff, which, as the plaintiff alleged, was delivered to the defendants to carry, as his baggage, from Burlington to Rutland, on the lbth March, 1859. Plea, not guilty, and trial by jury at the June Term, 1860, Kellogg, J., presiding.
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Case against the defendants as common carriers over the railroad known as the Rutland and Burlington railroad, for the loss of a box, containing divers articles of personal property-belonging to the plaintiff, which, as the plaintiff alleged, was delivered to the defendants to carry, as his baggage, from Burlington to Rutland, on the lbth March, 1859. Plea, not guilty, and trial by jury at the June Term, 1860, Kellogg, J., presiding. On trial, it was admitted by the defendants that, at the time oí the alleged delivery and loss, they were, as trustees under the second mortgage of the Rutland…
1Opinion of the CourtAldis, J.
The action is case against the defendants, as carriers. There is no count against them for negligence as ware-housemen.
The plaintiff was going by railway from Burlington to East Dorset. From Burlington to Rutland he would go by the Rut-land and Burlington Railroad, (the defendant’s company ;) from Rutland to East Dorset, by the Western Vermont Railroad. It does not appear that these roads formed a continuous and connected line. The plaintiff had his box marked for Rutland, and paid for his passage only to Rutland. He arrived at Rutland at half past eleven at night. His box was put upon the…
2Cases cited2 opinions
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Powell v. MyersNew York Supreme Court · 1841
3Cited by20 opinions
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
- Mote v. Chicago & N. W. R. R.Supreme Court of Iowa · 1869
- Chicago, Rock Island & Pacific Railroad v. BoyceIllinois Supreme Court · 1874
- Kansas City, Fort Scott & Memphis Railway Co. v. McGaheySupreme Court of Arkansas · 1897
- Hœger v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
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