Tobin v. Central Vermont Railway Co.
Massachusetts Supreme Judicial Court
Tort or contract, with five counts, the substance of the allegations being stated in the opinion. Writ dated April 9, 1901. The defendant demurred to the plaintiff’s declaration as amended. The Superior Court sustained the demurrer and gave judgment for the defendant. The plaintiff appealed.
1Opinion of the CourtBraley, J.
In a declaration that by amendment finally contained five counts the plaintiff seeks to hold the defendant liable “in an action of tort or contract, it being doubtful to which of these classes the cause of action belongs.”
The substantial allegations admitted by the demurrer state that the plaintiff, while in the employment of receivers duly appointed by the Circuit Court of the United States for the District of Vermont to take possession of and operate the line of railroad owned and controlled by the Central Vermont Railroad Company, sustained personal injuries when acting as a fireman on one…
2Cases cited13 opinions
- Byers v. McAuleySupreme Court of the United States · 1893
- Buck v. ColbathSupreme Court of the United States · 1866
- Porter v. SabinSupreme Court of the United States · 1893
- Howarth v. LombardMassachusetts Supreme Judicial Court · 1900
- New England Dredging Co. v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- C. H. Batchelder & Co. v. BatchelderMassachusetts Supreme Judicial Court · 1914
- Vandalia Railway Co. v. KeysIndiana Court of Appeals · 1910
- Wood v. CominsMassachusetts Supreme Judicial Court · 1939
- Collins Mfg. Co. v. Wickwire Spencer Steel Co.District Court, D. Massachusetts · 1926
- Watkins v. Boston & Maine RailroadSupreme Court of New Hampshire · 1924
5 more not listed; retrieve them via the Exa API.