White's Admrx. v. Central Vermont Railway Co.
Supreme Court of Vermont
Case - for negligence, claimed by plaintiff to be brought under the Federal Employers’ Liability Act, but by defendant to be under the state law. Pleas, the general issue, and a special plea in bar alleging facts showing the cause of action to be under the Federal Employers’ Liability Act, and concluding with a verification. Replication to that plea, precludi non, because, etc., averring the facts alleged in defendant’s said special plea, and concluding to the country.
Read the full summary
Case - for negligence, claimed by plaintiff to be brought under the Federal Employers’ Liability Act, but by defendant to be under the state law. Pleas, the general issue, and a special plea in bar alleging facts showing the cause of action to be under the Federal Employers’ Liability Act, and concluding with a verification. Replication to that plea, precludi non, because, etc., averring the facts alleged in defendant’s said special plea, and concluding to the country. The tendered issues joined. Trial by jury at the March Term, 1913, Franklin County, Miles, J., presiding. Verdict and…
1Opinion of the CourtWatson, J.
This is an action on the case, claimed by the plaintiff to be under the Federal Employers’ Liability Statute, but by the defendant to be under the State law, to recover for personal injuries resulting in the death of the plaintiff’s intestate, Enoch L. White, on the 12th day of January, 1912. The declaration contains several counts, but in the respects essential to be noticed in disposing of this question, the allegations of all the counts are substantially alike, and may be stated with sufficient definiteness for this purpose as follows: that prior to and on the day named above, the…
2Cases cited29 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- Corning v. BurdenSupreme Court of the United States · 1854
24 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- People v. FrazerCalifornia Supreme Court · 1999
- Perkins v. Vermont Hydro-Electric Corp.Supreme Court of Vermont · 1934
- Pope v. Kansas City, Mexico & Orient Railway Co.Texas Supreme Court · 1918
- Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
- Pariso v. TowseCourt of Appeals for the Second Circuit · 1930
15 more not listed; retrieve them via the Exa API.