Goupiel v. Grand Trunk Railway Co.
Supreme Court of Vermont
Action ok Tort under the Federal Employers’ Liability Act for negligently exploding a railroad torpedo by reason of which plaintiff was injured. Trial by jury at the April Term, 1921, Essex County, Wilson, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion states the case.
1Opinion of the CourtPowers, J.
The facts developed on the retrial of this case differ from those of the former trial as shown by Goupiel v. Grand Trunk Ry. Co., 94 Vt. 337, 111 Atl. 346, in the following respects, only:
1. At the trial under review, there was no dispute as to where the engineer was at the time of the accident. He was in the gangway on the fireman’s side of the cab.
2. - At the retrial, it was agreed that torpedoes must be kept in the cab where they will be readily accessible to the fireman and head brakeman, upon whom would rest the duty of protecting the front end of the train if occasion required; that…
2Cases cited8 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. CurrieTexas Supreme Court · 1906
- Sullivan v. L. & N. R. R.Court of Appeals of Kentucky · 1903
- Wood v. JamesSupreme Court of Vermont · 1918
- Ploof v. PutnamSupreme Court of Vermont · 1910
- LaMountain's Admx. v. Rutland RailroadSupreme Court of Vermont · 1918
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3Cited by15 opinions
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- Scrivner v. Boise Payette Lumber Co.Idaho Supreme Court · 1928
- Krulee v. F. C. Huyck & SonsSupreme Court of Vermont · 1959
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