Morrisette v. Canadian Pacific Railway Co.
Supreme Court of Vermont
CasF for personal injuries. Plea, the general issue. Trial by jury at the March Term, 1901, Orleans County, Tyler, J., presiding. Verdict ordered for the defendant, and judgment thereon. The plaintiff excepted. Did the court err in ordering a verdict? We discuss this question first upon the assumption that the law of Vermont is to control.
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CasF for personal injuries. Plea, the general issue. Trial by jury at the March Term, 1901, Orleans County, Tyler, J., presiding. Verdict ordered for the defendant, and judgment thereon. The plaintiff excepted. Did the court err in ordering a verdict? We discuss this question first upon the assumption that the law of Vermont is to control. It cannot be said, as matter of law, that defendant was not negligent in locating and maintaining this switch in such dangerous proximity to its track. Davis v. R. R. Co., 55 Vt. 91; 1 Shear. & Red. Neg. s. 189. The switch could, have been located on the…
1Opinion of the CourtRowell, J.
This is case by a servant against the master for negligence in being knocked from the side of a moving freight car by a switch standing near the track.
The declaration contains two counts. The first is in common form. The second is like the first, except it alleges, that in the Province of Quebec, where the accident happened, the law was at the time in question, that “every person capable of discerning right from wrong is responsible for the damage caused by his fault to another, whether by positive act, imprudence, neglect, or want of skill,” and that by said law, as interpreted by the courts…
2Cases cited13 opinions
- Church v. HubbartSupreme Court of the United States · 1804
- Union Pacific Railway Co. v. O'BrienSupreme Court of the United States · 1896
- Lovejoy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
- Monroe v. . DouglassNew York Court of Appeals · 1851
- Davis v. Central Vermont R. R.Supreme Court of Vermont · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Ryder v. Vermont Last Block Co.Supreme Court of Vermont · 1917
- Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
- Drown v. New England Telephone & Telegraph Co.Supreme Court of Vermont · 1907
14 more not listed; retrieve them via the Exa API.