Legal Opinion

Bailey v. Troy & Boston R. R.

Supreme Court of Vermont

Decided October 15, 1884PublishedCited by 18 opinions

Case to recover for injuries. Trial by jury, June Term, 1881, Bennington County, Taft, J., presiding. Verdict for the plaintiff.

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Case to recover for injuries. Trial by jury, June Term, 1881, Bennington County, Taft, J., presiding. Verdict for the plaintiff. The testimony of the plaintiff tended to show that the highway leading from Pownal to Williamstown, Mass., runs parallel with the railroad operated by defendant; that at a place in Pownal, said highway runs for a distance of about forty rods alongside of the railroad, and that on the opposite side of the said highway at this place the defendant owns a gravel bed or bank; that in the fall of 1877, the defendant had a steam shovel at work in said gravel bed; that on…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

The defendant’s evidence tended to show, that the steam shovel in use when and by which the plain*260tiff’s injuries were occasioned, was operated by Munson, without any control or right of control over it, or the manner of its use by the defendant; that Munson was an independent contractor, who supplied the shovel and operated it by his own servants, although it was contemplated by the defendant that it should be used when the contract was made by the defendant with Munson.

Upon this phase of the evidence, the defendant insisted and requested the…

2Cases cited1 opinion

  1. Callahan v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1867

3Cited by18 opinions

  1. Kelley's Dependents v. Hoosac Lumber Co.Supreme Court of Vermont · 1921
  2. Bibb's Adm'r v. N. & W. R. R.Supreme Court of Virginia · 1891
  3. Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
  4. Wabash, St. Louis & Pacific Railway Co. v. FarverIndiana Supreme Court · 1887
  5. Morris v. TrudoSupreme Court of Vermont · 1909

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