Kimball v. Rutland & Burlington Railroad
Supreme Court of Vermont
Action on the case against the defendants as common carriers. This case was originally commenced before a justice of the peace, and was brought to the county court by appeal.
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Action on the case against the defendants as common carriers. This case was originally commenced before a justice of the peace, and was brought to the county court by appeal. The declaration was as follows : “ In a plea of the case, whereupon the plaintiff declares and “ says, that on the 11th day of November, A. D. 1851, the de- “ fendants were, and ever since have been, and still are common “ carriers of goods for hire, from Burlington, Vermont, and inter- “ mediate stations on the Rutland & Burlington Railroad, between “that place and Bellows Falls, Vermont, to Cambridge ora station “…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The declaration in this case is in the usual form against common carriers; in which it is averred, that the defendants received of the plaintiff several head of cattle, to be safely conveyed by railway from Brandon, in this state, to Cambridge, in the state of Massachusetts. The question arises, whether upon the facts stated in the exceptions, the declaration is sustained by proof that the cattle were transported by the defendants as common carriers, or whether a special contract was made creafing other liabilities, than those upon which the…
2Cases cited4 opinions
- Hollister v. NowlenNew York Supreme Court · 1838
- Parsons v. Monteath & HazardNew York Supreme Court · 1851
- Moore v. EvansNew York Supreme Court · 1852
- Davis v. TalcottNew York Supreme Court · 1853
3Cited by32 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
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