Clement v. Canfield
Supreme Court of Vermont
Action on the case. The declaration set forth the construction, by the Rutland & Washington Railroad Company, of their railroad, and a lease of the same to the defendant; his acceptance of the lease, taking possession of the road, and running cars and engines regularly over the same, and that he thereby became and was liable for all damages which should be done by him, his agents, or the engines running upon said road, through want of cattle guards at the farm crossings of…
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Action on the case. The declaration set forth the construction, by the Rutland & Washington Railroad Company, of their railroad, and a lease of the same to the defendant; his acceptance of the lease, taking possession of the road, and running cars and engines regularly over the same, and that he thereby became and was liable for all damages which should be done by him, his agents, or the engines running upon said road, through want of cattle guards at the farm crossings of said road, suitable and sufficient to prevent cattle and animals from getting on said railroad: and, that the plaintiff’s…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
The only question here is, whether the defendant, being the lessee of the Rutland & Washington railroad, and running the same, under his lease, no cattle guards at a certain farm crossing adjoining the road being made and maintained according to the requirements of the general railroad act, and injury being sustained by the plaintiff through the defect of such cattle guards, is liable for such injury.
The provision of the general railroad law is, that all railroads shall maintain fences and cattle guards, at all farm crossings, for *304the…
2Cases cited2 opinions
- Nelson v. Vermont & Canada RailroadSupreme Court of Vermont · 1854
- Vermont Central Rail Road v. BaxterSupreme Court of Vermont · 1850
3Cited by12 opinions
- Tracy v. . the Troy and Boston R.R. Co.New York Court of Appeals · 1868
- McGrath v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- McGrath v. New York Central & Hudson River RailroadNew York Court of Appeals · 1876
- Illinois Central Railroad v. KanouseIllinois Supreme Court · 1866
- Burlington Savings Bank v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1928
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