Porter Screen Manufacturing Co. v. Central Vermont Railway Co.
Supreme Court of Vermont
Case for negligence in failing to deliver a carload of screens that defendant had undertaken to transport as a common carrier. Plea, the general issue with notice. Trial by jury at the September Term, 1915, Chittenden County Court, Miles, J., presiding. Yerdiet and judgment for plaintiff. Defendant excepted. At the close of all the evidence, defendant moved for a directed verdict. Motion overruled to which defendant excepted. The opinion states the case.
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Case for negligence in failing to deliver a carload of screens that defendant had undertaken to transport as a common carrier. Plea, the general issue with notice. Trial by jury at the September Term, 1915, Chittenden County Court, Miles, J., presiding. Yerdiet and judgment for plaintiff. Defendant excepted. At the close of all the evidence, defendant moved for a directed verdict. Motion overruled to which defendant excepted. The opinion states the case. The flood was an act of God. Eagan v. Central Vermont Ry. Co., 81 Vt. 141. The burden is on plaintiff to show that the negligence of the…
1Opinion of the CourtWatson, C. J.
Although the trial of this case was by jury, the material facts were largely established by agreement of parties. As will be seen, there was really but one disputed primary question of fact submitted to the jury.
It appeared from the agreed facts that on March 24, 1913, the plaintiff, at Winooski, this State, loaded Grand Trunk car No. 9447 (hereinafter designated as “car 9447”) with screen doors and window screens, valued at $824.13, and the c.ar so loaded was then received by the Central Yermont Railway Company for transportation by it and connecting carriers to the Eastern District Terminal…
2Cases cited17 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Michaels v. New York Central RailroadNew York Court of Appeals · 1864
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- Williams v. GrantSupreme Court of Connecticut · 1816
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3Cited by16 opinions
- Lutz Industries, Inc. v. Dixie Home StoresSupreme Court of North Carolina · 1955
- McCurdy v. Union Pacific RailroadWashington Supreme Court · 1966
- Perkins v. Vermont Hydro-Electric Corp.Supreme Court of Vermont · 1934
- Bratton v. RudnickMassachusetts Supreme Judicial Court · 1933
- Saliba v. New York Central R.R. Co.Supreme Court of Vermont · 1929
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