Davis v. Central Vermont R. R.
Supreme Court of Vermont
Action on the case for negligence. Plea, general issue. Trial by jury, September Term, 1881, Rutland County, Yeazey, J., presiding. Yerdict for the plaintiff to recover $5000. As to the freshet •which washed, out the culvert, causing the accident, the court charged: “ The company did not warrant to Davis that the culvert or road-bed should be safe. It was not bound to know of defects and to keep the culvert safe at all events.
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Action on the case for negligence. Plea, general issue. Trial by jury, September Term, 1881, Rutland County, Yeazey, J., presiding. Yerdict for the plaintiff to recover $5000. As to the freshet •which washed, out the culvert, causing the accident, the court charged: “ The company did not warrant to Davis that the culvert or road-bed should be safe. It was not bound to know of defects and to keep the culvert safe at all events. But it w'as bound to use reasonable care to discover any defects in it and to put and keep it in a safe condition. “ To answer this degree of care the company was not…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The plaintiff’s intestate, a locomotive fireman in the employment of the defendant was killed Dee. 10, 1878, while discharging his duties in such employment. This action is brought to recover damages sustained by the widow and next of kin from the death of the intestate. The declaration charges that, on thé above named day, the defendant was operating the Rutland Railroad as lessee ; that the intestate was in its service as locomotive fireman on its passenger trains passing over the railroad; that thereupon it became and was the duty of the…
2Cases cited3 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Hard v. Vermont & Canada RailroadSupreme Court of Vermont · 1860
3Cited by37 opinions
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- McElligott v. RandolphSupreme Court of Connecticut · 1891
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- St. Louis & San Francisco Railway Co. v. WeaverSupreme Court of Kansas · 1886
- Cosden Pipe Line Co. v. BerrySupreme Court of Oklahoma · 1922
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