Legal Opinion
Boston & Maine Railroad v. Howard Hardware Co.
Supreme Court of Vermont
Decided November 7, 1962No. 1151PublishedCited by 19 opinions
1Opinion of the CourtHolden, J.
This action is in contract. The Boston & Maine Railroad relies on an indemnity clause in its spurtrack agreement with the defendant shipper, Howard Hardware Company, to recover the amount paid in settlement of a claim arising from a fatal accident which occurred on the defendant’s siding September 17, 1955.
On that day death occurred to one of the plaintiff’s employees, James Diggins, while he was performing his duties as yard brakeman at Bellows Falls, Vermont. The victim’s body was wedged between a coal car and a building used and occupied by the defendant shipper located alongside the…
2Cases cited21 opinions
- Schulz v. Pennsylvania RailroadSupreme Court of the United States · 1956
- Davis v. KennedySupreme Court of the United States · 1924
- Booth-Kelly Lumber Co. v. Southern Pacific Co. Southern Pacific Co. v. Booth-Kelly Lumber CoCourt of Appeals for the Ninth Circuit · 1950
- Unadilla Valley Railway Co. v. CaldineSupreme Court of the United States · 1928
- Chicago, R. I. & P. R. Co. v. Dobry Flour Mills, IncCourt of Appeals for the Tenth Circuit · 1954
16 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Vincent v. DeVriesSupreme Court of Vermont · 2013
- Berry v. WhitneySupreme Court of Vermont · 1966
- Digregorio v. Champlain Valley Fruit Co.Supreme Court of Vermont · 1969
- H. P. Hood & Sons v. HeinsSupreme Court of Vermont · 1964
- Lamoille Grain Co. v. St. Johnsbury & Lamoille County RailroadSupreme Court of Vermont · 1976
14 more not listed; retrieve them via the Exa API.