Niles v. Central Vermont Railway Co.
Supreme Court of Vermont
Case for negligence. Declaration at common law, bnt manoeuvred into an action under the Federal Employers ’ Liability Act. Pleas, the general issue and a special plea in bar alleging facts showing the cause of action to be under the Federal Employers’ Liability Act, and concluding with a verification.
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Case for negligence. Declaration at common law, bnt manoeuvred into an action under the Federal Employers ’ Liability Act. Pleas, the general issue and a special plea in bar alleging facts showing the cause of action to be under the Federal Employers’ Liability Act, and concluding with a verification. Replication to that plea, precludi non, because, etc., reciting and admitting the facts alleged in defendant’s said special plea, and in addition more formally and at length, by way of a claimed “new assignment,” averring all facts necessary to show that the cause of action is under the Federal…
1Opinion of the Court
Powers, C. j.
On the night of January 25, 1912, the defendant undertook to run three extras over its road from Essex Junction south. The one first to leave that station was No. 401, an interstate freight train, drawn by an engine of that number. The one next to leave was No. 416, a faster freight train, drawn by an engine of that number. The one last to leave was No. 52, an engine running light. These trains were operated under a combined order, which required them to run as three extras from Essex Junction to Montpelier Junction, meeting two north*359bound extras at Waterbury. This order was made…
2Cases cited7 opinions
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Belka v. AllenSupreme Court of Vermont · 1909
- Allen v. Tuscarora Valley RailroadSupreme Court of Pennsylvania · 1910
- German v. Bennington & Rutland RailroadSupreme Court of Vermont · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. StacySupreme Court of Vermont · 1932
- Healy, Admr. v. MooreSupreme Court of Vermont · 1936
- Baldwin v. GainesSupreme Court of Vermont · 1917
- Green v. LaClairSupreme Court of Vermont · 1915
- Sharby v. Town of FletcherSupreme Court of Vermont · 1924
7 more not listed; retrieve them via the Exa API.