Viles v. Barre & Montpelier Traction & Power Co.
Supreme Court of Vermont
Grn:£ral Assumpsit for electrical .power furnished. Pleas,'the general issue, and declaration in offset. Trial by jury at the March Term, 1902, Washington County, Start, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. Plaintiff brought two suits to recover for power furnished in July and August, respectively, which suits were tried together.
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Grn:£ral Assumpsit for electrical .power furnished. Pleas,'the general issue, and declaration in offset. Trial by jury at the March Term, 1902, Washington County, Start, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. Plaintiff brought two suits to recover for power furnished in July and August, respectively, which suits were tried together. Where the contract is to> do a thing which is possible in itself, the performance is not excused by the occurrence of an inevitable accident or other contingency, although it was not foreseen by the party, nor was within his…
1Opinion of the CourtHaselton, J.
In June, 1897, the plaintiff and the defendant entered into a written contract by the terms of which the plaintiff agreed to' furnish, every day in the year for a period of five years, .electrical power to- the defendant sufficient for the operation of its electric railway between Montpelier and Barre, and the defendant agreed to pay for such power at a price named, in monthly installments.
The contract provided that the plaintiff should not be responsible to the defendant for damage resulting to it “from *314interruptions to its traffic on its electric railways caused by fire, flood, tempest,…
2Cases cited13 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Jones v. United StatesSupreme Court of the United States · 1878
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Fenton v. ClarkSupreme Court of Vermont · 1839
- Kettle v. HarveySupreme Court of Vermont · 1849
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3Cited by8 opinions
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- Pacific-Wyoming Oil Co. v. Carter Oil Co.Wyoming Supreme Court · 1924
- Capital Garage Co. v. PowellSupreme Court of Vermont · 1925
- Schwasnick v. BlandinCourt of Appeals for the Second Circuit · 1933
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
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