Sherwin v. Rutland Railroad
Supreme Court of Vermont
Cass for personal injuries sustained by the plaintiff in a collision with defendant’s cars at a grade crossing in Chester. Plea, the general issue. Trial by jury at the March Term, 1901, Rutland County, Munson, J., presiding. Verdict and judgment thereon for the plaintiff. The defendant excepted. The undisputed facts show conclusively that the plaintiff was guilty of contributory negligence.
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Cass for personal injuries sustained by the plaintiff in a collision with defendant’s cars at a grade crossing in Chester. Plea, the general issue. Trial by jury at the March Term, 1901, Rutland County, Munson, J., presiding. Verdict and judgment thereon for the plaintiff. The defendant excepted. The undisputed facts show conclusively that the plaintiff was guilty of contributory negligence. The evidence was susceptible of but one just opinion; only one inference could be drawn. This case cannot be distinguished from Carter v. Central Vermont Railroad Co., 72 Vt. 190. If by a vigilant use of…
1Opinion of the CourtStart, J.
The action is case for personal injuries resulting from an accident upon the defendant’s side track. At the close of the evidence the defendant moved for a verdict, for that from the undisputed evidence it appeared that the plaintiff’s negligence contributed to the happening of the accident, and that there was no evidence that tended to show that the defendant discovered the plaintiff’s peril in time to avoid the accident, or could have avoided the same. This motion was overruled, and the defendant excepted.
If the evidence fairly tended to show that at the time of the accident the plaintiff…
2Cases cited4 opinions
- Boyden v. Fitchburg RailroadSupreme Court of Vermont · 1899
- Carter v. Central Vermont RailroadSupreme Court of Vermont · 1900
- Manley v. Delaware & Hudson Canal Co.Supreme Court of Vermont · 1896
- Philadelphia & Reading Coal & Iron Company's PetitionSupreme Court of Pennsylvania · 1901
3Cited by8 opinions
- Duggan v. HeaphySupreme Court of Vermont · 1912
- Porter Screen Manufacturing Co. v. Central Vermont Railway Co.Supreme Court of Vermont · 1917
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
- Lassasso v. Jones Bros.Supreme Court of Vermont · 1915
- Bates v. Rutland Railroad Co.Supreme Court of Vermont · 1933
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