Morrisette v. Canadian Pacific Railway Co.
Supreme Court of Vermont
Case for personal injuries. Plea, the general issue. Trial by jury at the September Term1, 1902, Orleans County, Haselton, J., presiding. Verdict and judgment for plaintiff. The defendant excepted. This case has been once before in the Supreme Court. See 74 Vt. 232. The plaintiff was unable to tell what car in the train he •was attempting to mount when he was struck by the switch. The opinion states the other facts.
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Case for personal injuries. Plea, the general issue. Trial by jury at the September Term1, 1902, Orleans County, Haselton, J., presiding. Verdict and judgment for plaintiff. The defendant excepted. This case has been once before in the Supreme Court. See 74 Vt. 232. The plaintiff was unable to tell what car in the train he •was attempting to mount when he was struck by the switch. The opinion states the other facts. The plaintiff in his declaration alleged “that said injury .arose solely because of said negligence of the defendant, and without any fault on the part of the plaintiff.” Having…
1Opinion of the CourtStafford, J.
The plaintiff was a brakeman upon one «of the defendant’s freight trains, and claimed to have been injured through the negligence of the company in maintaining a switch too near the track, so^ that when he was attempting to mount a moving car he struck against it and was knocked off.
The accident occurred in the Province of Quebec^ and tthe declaration, treating the law of the province as matter of *271fact, alleges that the defendant as employer of the plaintiff -owed him the care and oversight which the good father of a family owtes to- his children and was bound to guard him even against his…
2Cases cited10 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Higgins v. Central New England & Western RailroadMassachusetts Supreme Judicial Court · 1892
- Mexican National Railway Co. v. JacksonTexas Supreme Court · 1896
- Richardson v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- In re Bean's WillSupreme Court of Vermont · 1912
- Levy v. SteigerMassachusetts Supreme Judicial Court · 1919
15 more not listed; retrieve them via the Exa API.