Brintnall v. Saratoga & Whitehall Railroad
Supreme Court of Vermont
Cash: against the defendants for negligence as common carriers. The first count of the declaration was substantially as follows: that on the 17th day of September, 1855, the defendants were, and ever since have been, common carriers of goods for hire, from Saratoga Springs, New York, to Castleton, Vermont; that the plaintiff, on that day, at Saratoga Springs, caused to be delivered to the defendants, who then and there accepted it, a box of goods, containing five hundred…
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Cash: against the defendants for negligence as common carriers. The first count of the declaration was substantially as follows: that on the 17th day of September, 1855, the defendants were, and ever since have been, common carriers of goods for hire, from Saratoga Springs, New York, to Castleton, Vermont; that the plaintiff, on that day, at Saratoga Springs, caused to be delivered to the defendants, who then and there accepted it, a box of goods, containing five hundred yards of lace,. one hundred boxes of hosiery, five hundred peices of white goods, and other merchandise, of the value of…
1Opinion of the CourtPoland, J.
The first question made by the defendants’ counsel is, that the proof in the court below did not support the declaration, that is, that it did not prove the contract or undertaking of the defendants with the plaintiff as alleged in either count. It was said in the argument that where the declaration contained several counts setting out the plaintiff’s cause of action in different ways, to meet any differences that might arise on the proof, or different views of the legal effect of the language of a contract, it would be the duty of the court to direct the attention of' the jury, and confine…
2Cases cited3 opinions
- Hard v. BrownSupreme Court of Vermont · 1846
- Day, Catlin & Co. v. RidleySupreme Court of Vermont · 1844
- Peck v. ThompsonSupreme Court of Vermont · 1843
3Cited by23 opinions
- Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
- Burroughs v. Norwich & Worcester RailroadMassachusetts Supreme Judicial Court · 1868
- Meredith v. RailroadSupreme Court of North Carolina · 1905
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Pless & SladeCourt of Appeals of Georgia · 1908
- Hooper v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
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