Dyer v. Grand Trunk Railway Co.
Supreme Court of Vermont
Replevin, for unlawfully detaining fifty barrels of flour and fifty barrels of corn belonging to the plaintiff. Plea, the general issue. Trial by jury, September term, 1866. Wilson, J., presiding. Upon the facts set forth in the opinion of the court, and the note thereto, the county court ordered a verdict for the defendants, upon motion of the defendant’s counsel, to which the plaintiff excepted.
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Replevin, for unlawfully detaining fifty barrels of flour and fifty barrels of corn belonging to the plaintiff. Plea, the general issue. Trial by jury, September term, 1866. Wilson, J., presiding. Upon the facts set forth in the opinion of the court, and the note thereto, the county court ordered a verdict for the defendants, upon motion of the defendant’s counsel, to which the plaintiff excepted. The plaintiff seeks to set off unliquidated damages against the carrier’s bill of the defendants, to which we object; and if he can do that, we insist that he can not set off his pretended damages…
1Opinion of the CourtBarrett, J.
The only question is whether the action of replevin may be maintained in the case made by the plaintiff’s evidence, in substance as follows: The defendants, as common carriers, transported grain and flour from Detroit to Island Pond, for which the charge, at the established rates, was $238. The defendant paid at Detroit, towards the' purchase money for the *443flour and grain, $43.92 * Much longer than the usual time was occupied in the transportation, without excuse or explanation, and thereby damage was caused to the plaintiff.to a larger amount than said charge for freight and money advanced.…
2Cases cited1 opinion
- Humphreys v. ReedSupreme Court of Pennsylvania · 1841
3Cited by4 opinions
- Louisville & Nashville Railroad v. A. Waller & Co.Court of Appeals of Kentucky · 1913
- Miami Powder Co. v. Port Royal & Western Carolina Railway Co.Supreme Court of South Carolina · 1896
- Missouri Pacific Railway Co. v. Peru-Van Zandt Implement Co.Supreme Court of Kansas · 1906
- Wilensky v. Central of Georgia Railway Co.Supreme Court of Georgia · 1911