Kilpatrick v. Grand Trunk Railway Co.
Supreme Court of Vermont
Casb for personal injuries. Plea, the general issue. Trial by jury at the September Term, 1900, Orleans County, Taft, C. J., presiding. Verdict and judgment thereon for the plaintiff. The defendant excepted. The presence of a side ladder upon the car concerned in this accident is not determinative of the defendant’s liability. It was not the cause of the injury, and the injury must result from the presence of the side ladder in order to make the defendant liable.
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Casb for personal injuries. Plea, the general issue. Trial by jury at the September Term, 1900, Orleans County, Taft, C. J., presiding. Verdict and judgment thereon for the plaintiff. The defendant excepted. The presence of a side ladder upon the car concerned in this accident is not determinative of the defendant’s liability. It was not the cause of the injury, and the injury must result from the presence of the side ladder in order to make the defendant liable. The plaintiff was injured not because of the side ladder, but on account of his own inattention or forgetfulness. The plaintiff…
1Opinion of the CourtStafford, J.
The plaintiff is seeking to recover for injuries sustained by him, as an employee of the defendant, in consequence of the latter’s running a car of its own, equipped with a side ladder instead of a ladder upon the end or inside, in contravention of the statute, and having- a post dangerously near its track; whereby the plaintiff, using the ladder to- mount the car while in motion, was knocked off by the post, and his foot run over by the wheels.
STATEMENT of facts and history of the case.
The Grand Trunk Railway runs through the village of Island Pond, where it has a large yard, fourteen or…
2Cases cited10 opinions
- Holden v. HardySupreme Court of the United States · 1898
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Knoxville Iron Co. v. HarbisonSupreme Court of the United States · 1901
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3Cited by40 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- Martin v. George Hyman Construction Co.District of Columbia Court of Appeals · 1978
- Hatch v. DanielsSupreme Court of Vermont · 1922
- Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
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