Hurd v. Rutland & Burlington Railroad
Supreme Court of Vermont
Trespass for injury to the plaintiff’s cattle. Plea, the general issue, and trial by jury. On trial, it appeared that the defendants’ railroad was constructed through the pasture lands of the plaintiff, under an award and appraisal of damages by commissioners duly appointed by the County Court; that by the award, it was provided that the plaintiff should have furnished for him, by the defendants, two passes or farm crossways over the railway, and one pass under the railway;…
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Trespass for injury to the plaintiff’s cattle. Plea, the general issue, and trial by jury. On trial, it appeared that the defendants’ railroad was constructed through the pasture lands of the plaintiff, under an award and appraisal of damages by commissioners duly appointed by the County Court; that by the award, it was provided that the plaintiff should have furnished for him, by the defendants, two passes or farm crossways over the railway, and one pass under the railway; that subsequently, by agreement between the parties, the plaintiff gave up one of the over-crossings ; that the…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
As no exceptions were taken to the admission of the testimony under the general issue, no questions now arise as to its admissibility under that plea.
The declaration is in trespass, and contains two counts ; in the first of which it is alleged that the injury arose by the act of the defendants’ servants, in running their locomotive engine against an *121ox of the plaintiff, whereby, the animal was injured and rendered of no value : in the second count, the plaintiff complains that the defendants drove their engine against a cow belonging to the…
2Cases cited4 opinions
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Wells v. HowellNew York Supreme Court · 1822
- Perkins v. Eastern RailroadSupreme Judicial Court of Maine · 1849
- Stuart v. KissamNew York Supreme Court · 1851
3Cited by23 opinions
- Clarke v. Ohio River R.West Virginia Supreme Court · 1894
- Illinois Central Railroad v. HoughtonIllinois Supreme Court · 1888
- Woodward Governor Co. v. City of Loves ParkAppellate Court of Illinois · 1948
- Vermilya v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1885
- McCall v. ChamberlainWisconsin Supreme Court · 1861
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