Dufur v. Boston & Maine Railroad
Supreme Court of Vermont
Case eor Negligence. Pleas, the general issue and four special pleas in bar. Heard on the plaintiff’s general demurrer to the defendant’s fourth and fifth pleas, at the June Term, 1902, Orange County, Rowell, C. J., presiding. Demurrer overruled and pleas adjudged sufficient. The plaintiff excepted. The fourth plea is. insufficient, because it is apparent that the causes of action in the Allen suit and in this suit are not the same.
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Case eor Negligence. Pleas, the general issue and four special pleas in bar. Heard on the plaintiff’s general demurrer to the defendant’s fourth and fifth pleas, at the June Term, 1902, Orange County, Rowell, C. J., presiding. Demurrer overruled and pleas adjudged sufficient. The plaintiff excepted. The fourth plea is. insufficient, because it is apparent that the causes of action in the Allen suit and in this suit are not the same. The charge againlst Allen was for wilfully and negligently shooting Dufur. If that charge was true, the defendant here was. not in any way liable. There w'as-…
1Opinion of the CourtTyler, J.
The first count in the declaration alleges, in substance, that the defendant was a common carrier of passengers over its railroad; that it received the plaintiff, on payment of his fare, to carry him safely from Bradford to White River Junction; that it neglected its duty by running the car in which he was a passenger upon a side-track before the train reached the latter place and allowing it to stand there for a long time; that the plaintiff had no opportunity to leave the car, but, by the defendant’s direction, through its officers and agents, remained therein; that one Allen, with the…
2Cases cited4 opinions
- Loftus v. . Union Ferry Company of BrooklynNew York Court of Appeals · 1881
- Eastman v. GrantSupreme Court of Vermont · 1861
- Hotchkiss v. C. J. Ladd & Co.Supreme Court of Vermont · 1864
- James v. AikenSupreme Court of Vermont · 1874
3Cited by10 opinions
- Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
- Renner v. Model Laundry, Cleaning & Dyeing Co.Supreme Court of Iowa · 1921
- Stires v. SherwoodOregon Supreme Court · 1915
- Carpenter v. W. H. McElwain Co.Supreme Court of New Hampshire · 1916
- Robinson v. St. Johnsbury & Lake Champlain RailroadSupreme Court of Vermont · 1907
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