Harwood's Admx. v. Bennington & Rutland Ry. Co.
Supreme Court of Vermont
Case for the killing of plaintiff’s horse. Plea, the general issue. Trial by jury at the December term, 1895, Bennington county, Rowell, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. If the horse escaped through the negligence of the one in charge, it was wrongfully upon the highway and no recovery can be had. Maynard v. Ed. Co., 115 Mass. 458; McDonnell v. Ed. Co., 115 Mass., 564; Towne v. Ed. Co., 124 Mass. 101; yackson v. Rd.
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Case for the killing of plaintiff’s horse. Plea, the general issue. Trial by jury at the December term, 1895, Bennington county, Rowell, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. If the horse escaped through the negligence of the one in charge, it was wrongfully upon the highway and no recovery can be had. Maynard v. Ed. Co., 115 Mass. 458; McDonnell v. Ed. Co., 115 Mass., 564; Towne v. Ed. Co., 124 Mass. 101; yackson v. Rd. Co., 25 Vt. 150; Morse v. Rd. Co., 27 Vt. 49; Bcmis v. Rd. Co., 42 Vt. 375- The offer that similar cattle guards had proved sufficient…
1Opinion of the CourtStart, J.
While the horse of the plaintiff’s intestate was being led along a highway by one Houghton, in whose care it had been placed, it escaped and ran along the defendant’s track and was there killed. The plaintiff claimed, and her testimony tended to show, that the defendant’s fence and cattle guard, at the point where the horse escaped and went upon the defendant’s track, were defective; and that the death of the horse was occasioned by the insufficiency of the fence and cattle guard. The defendant claimed that the negligence of Houghton in leading the horse along the highway in the manner its…
2Cases cited2 opinions
- Bourne v. BourneSupreme Court of Vermont · 1897
- Mullin v. Vt. Mutual Fire InsuranceSupreme Court of Vermont · 1884
3Cited by5 opinions
- Aldrich v. Boston & Maine RailroadSupreme Court of Vermont · 1917
- Delphia v. Rutland RailroadSupreme Court of Vermont · 1903
- Morrison v. LeeNorth Dakota Supreme Court · 1911
- Quimby v. Boston & Maine RailroadSupreme Court of Vermont · 1899
- Burnham v. Rutland RailroadSupreme Court of Vermont · 1914