Mann v. Central Vermont Railroad
Supreme Court of Vermont
Trespass on the case. Appeal from the City Court of Burlington. Heard on demurrer to the declaration, April Term, 1882. Demurrer overruled. The case was then heard upon the plea of the general issue by the court.- Judgment for the plaintiff. The facts are sufficiently stated in the opinion of the court. The towns are primarily liable for all injuries received by persons travelling lawfully on the highways.
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Trespass on the case. Appeal from the City Court of Burlington. Heard on demurrer to the declaration, April Term, 1882. Demurrer overruled. The case was then heard upon the plea of the general issue by the court.- Judgment for the plaintiff. The facts are sufficiently stated in the opinion of the court. The towns are primarily liable for all injuries received by persons travelling lawfully on the highways. This obligation is imposed on the towns, and this court have, in the case of Batty v. Buxbury, 24 Vt. 162, confirmed this liability primarily in- the towns, as between a railroad company…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The findings by the County Court establish that, on the occasion complained of, there was a public highway in the city of Burlington which was crossed by a railroad, which the defendant was operating ; that the crossing had been maintained by the defendant and its predecessors for more than ten years prior to the accident; and that the servants of the defendant just prior to the accident placed a plank between the rails at the crossing, negligently too far from one of the rails, whereby the plaintiff’s horse *486was injured while being driven with…
2Cases cited7 opinions
- Noyes v. SmithSupreme Court of Vermont · 1855
- Hatch v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Willard v. Town of NewburySupreme Court of Vermont · 1850
- Batty v. Town of DuxburySupreme Court of Vermont · 1852
- Hatch v. Vermont Central RailroadSupreme Court of Vermont · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stowers v. Dwight Mfg. Co.Supreme Court of Alabama · 1918
- Young v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1885
- Lefebvre's Admr. v. Central Vermont Railway Co.Supreme Court of Vermont · 1924
- Wilkins v. Village of RutlandSupreme Court of Vermont · 1889
- Pittsburgh, Cincinnati & St. Louis Railroad v. KitleyIndiana Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.