Legal Opinion

Ross v. Troy & Boston Railroad

Supreme Court of Vermont

Decided January 15, 1877PublishedCited by 16 opinions

Case for negligence in carrying machinery, whereby it was injured. Plea, the general issue, and trial by jury, September Term, 1876, Wheeler, J., presiding.

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Case for negligence in carrying machinery, whereby it was injured. Plea, the general issue, and trial by jury, September Term, 1876, Wheeler, J., presiding. Plaintiff’s evidence tended to show that his workmen, on May 18, 1874, by his direction, loaded on a platform car that had been furnished him at his shop in Rutland by the Delaware & Hudson Canal Company, certain machinery, consisting among other things, of a piece of shafting with a fly-wheel and pulley at one end and a crank and crank-wheel at the other, consigned to Strother & Sons of Philadelphia, to be transported by said company to…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

The County Court seem to have regarded the facts stated by Hicks on cross-examination, as decisively fixing liability on the defendant for the injury to the property. That Hicks saw the articles as they had been fixed and fastened by the plaintiff, and thought the fastenings inadequate, seems to have been regarded as the vital fact working that result. The fastening, whose insufficiency caused the injury, had not been changed in any respect when Hicks saw it, nor when the accident happened. Had that fastening been sufficient, the accident…

2Cited by16 opinions

  1. United States v. Savage Truck Line, Inc. (Four Cases)Court of Appeals for the Fourth Circuit · 1953
  2. Gulf, West Texas & Pacific Railway Co. v. WittnebertTexas Supreme Court · 1908
  3. Northwestern Marble & Tile Co. v. WilliamsSupreme Court of Minnesota · 1915
  4. South Carolina Asparagus Growers' Ass'n v. Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1931
  5. D. H. Overmyer Co. v. Nelson-Brantley Glass Co.Court of Appeals of Georgia · 1969

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