Noyes v. Smith
Supreme Court of Vermont
Action on the oa se. The declaration was as follows. “ In a plea of the case, whereupon the plaintiff declares and says, that heretofore, to wit, on. the 11th day of November, 1853, and for a long time before that time, the defendants were in the possession of the-Vermont Central Railroad Company’s track, and of all engines, locomotives, cars, and other furniture, which had previously belonged to the Vermont Central Railroad Company, a corporation chartered and organized by…
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Action on the oa se. The declaration was as follows. “ In a plea of the case, whereupon the plaintiff declares and says, that heretofore, to wit, on. the 11th day of November, 1853, and for a long time before that time, the defendants were in the possession of the-Vermont Central Railroad Company’s track, and of all engines, locomotives, cars, and other furniture, which had previously belonged to the Vermont Central Railroad Company, a corporation chartered and organized by and under a law of the legislature of the state of Vermont, and the defendants on that day, and long-before, were and…
1Opinion of the Court
The opinion of the court was delivered, at the circuit session in September, 1856, by
Isham, J.
This case comes before the court on a general demurrer to the declaration. The plaintiff, it is averred, was injured by the explosion of a locomotive engine, on which he was employed by the defendants, as engineer. It is admitted that the engine was insufficiently stayed or bolted around the fire box, and that it was also insufficient and unsafe in other respects, but that both parties were ignorant of those defects, and had no notice in fact that it was in an unsafe or insecure condition. That fact…
2Cited by59 opinions
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- City of LaSalle v. KostkaIllinois Supreme Court · 1901
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
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