Robinson v. St. Johnsbury & Lake Champlain Railroad
Supreme Court of Vermont
Case for negligence. Pleas, the general issue, and eight special pleas in bar relying upon a release. Heard on demurrers to said eight special pleas, at the December Term, 1904, Caledonia .County, Tyler, J., presiding. Demurrers overruled, pro forma, and pleas adjudged sufficient. The plaintiff excepted. Cause passed to the Supreme Court before trial on the merits. The opinion states the case, and the substance of the special pleas.
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Case for negligence. Pleas, the general issue, and eight special pleas in bar relying upon a release. Heard on demurrers to said eight special pleas, at the December Term, 1904, Caledonia .County, Tyler, J., presiding. Demurrers overruled, pro forma, and pleas adjudged sufficient. The plaintiff excepted. Cause passed to the Supreme Court before trial on the merits. The opinion states the case, and the substance of the special pleas. A contract stipulating that an employer shall be relieved from the consequences of his own negligence is void. Brewer v. New York etc. B. B. Go., 124 N. Y. 59, 47…
1Opinion of the CourtMunson, J.
The plaintiff sues to recover damages for injuries sustained .through the negligence of the defendant while he was riding upon defendant’s road. The pleas allege that the plaintiff was a messenger of the American Express Company, and that his injuries were received while he was in the performance of his duties as such messenger; that the two companies had a contract by which the defendant company undertook to transport the express matter and messengers of the express company, and the express company assumed all risk of’accidents happening to its messengers, and indemnified the defendant…
2Cases cited39 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Lovejoy v. MurraySupreme Court of the United States · 1866
- St. Louis, Iron Mountain & Southern Railway Co. v. Southern Express Co.Supreme Court of the United States · 1886
- Tompkins v. Clay St. R.R.California Supreme Court · 1884
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3Cited by15 opinions
- Faught Ex Rel. Faught v. WashamSupreme Court of Missouri · 1959
- Musolf v. Duluth Edison Electric Co.Supreme Court of Minnesota · 1909
- State v. Tyler County State BankTexas Commission of Appeals · 1925
- Perry v. Philadelphia, Baltimore & Washington Railroad Co.Superior Court of Delaware · 1910
- Carpenter v. W. H. McElwain Co.Supreme Court of New Hampshire · 1916
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