Chaffee v. Rutland Railroad
Supreme Court of Vermont
Case, for the burning of a barn and contents. Plea, general issue. Trial by jury, March term, 1898, Rutland county, Start, J., presiding. Verdict and judgment for the plaintiffs. The defendant excepted. No rule is more firmly imbedded in the common law than this, that a party must recover, if at all, Secundum allegata et probata.
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Case, for the burning of a barn and contents. Plea, general issue. Trial by jury, March term, 1898, Rutland county, Start, J., presiding. Verdict and judgment for the plaintiffs. The defendant excepted. No rule is more firmly imbedded in the common law than this, that a party must recover, if at all, Secundum allegata et probata. The gist of the defendant’s liability was negligence, although the setting of the fire by railroads is in this State prima-facie evidence of negligence. V. S. 2926; Cleveland y. Grand Trunk R. R. Co., 42 Yt. 449; Railroad Co. v. Richardson, 91 U. S. 454. In most…
1Opinion of the CourtTaft, C. J.
This action is brought to recover damages for the destruction of the plaintiffs’ property by fire communicated by the defendant’s engine. It is alleged in the declaration that the defendant so carelessly, negligently and imprudently managed its engine, that the plaintiffs’ property was destroyed by fire communicated therefrom. There is no allegation that the defendant’s engine was not properly equipped with suitable spark arresters and ash-pans, nor that the defendant permitted dry grass, weeds etc. to accumulate on its road-bed. The defendant objected to the proof of such facts, that is,…
2Cases cited3 opinions
- White River Bank v. DownerSupreme Court of Vermont · 1857
- Kimball v. LaddSupreme Court of Vermont · 1870
- Bates v. CilleySupreme Court of Vermont · 1874
3Cited by9 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- Derosia v. FerlandSupreme Court of Vermont · 1910
- Baker v. Sherman & MillerSupreme Court of Vermont · 1901
- Parker v. BowenSupreme Court of Vermont · 1924
- Poole v. Massachusetts Mutual Accident Ass'nSupreme Court of Vermont · 1902
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