Ingram's Admrx. v. Rutland Railroad
Supreme Court of Vermont
Case for negligence. Heard on demurrer to the declaration, in vacation after April Term, 1912, Windham County, Waterman, J. Demurrer overruled and declaration adjudged sufficient. The defendant excepted. The opinion sufficiently states the pleadings. If the plaintiff did not go to the milk station in the line of his duty he was a trespasser.
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Case for negligence. Heard on demurrer to the declaration, in vacation after April Term, 1912, Windham County, Waterman, J. Demurrer overruled and declaration adjudged sufficient. The defendant excepted. The opinion sufficiently states the pleadings. If the plaintiff did not go to the milk station in the line of his duty he was a trespasser. If he went there out of curiosity or for his pleasure or to get some milk for his own use he had departed from his line of duty and was a trespasser. Elliott on Railroads, Second Edition, Yol. 3, page 592, Sec. 1251, and cases there cited; also page 642,…
1Opinion of the CourtHaselt.on, J.
This is an action of case for negligence brought by the plaintiff for the benefit of the widow and next of kin of Arthur Ingram deceased. The declaration, which is in three counts, was demurred to, and on hearing the demurrer was overruled and the declaration adjudged sufficient. The defendant excepted, and the cause was passed to this Court before final judgment.
We first consider the second count and the third since they are identical, except in one particular, which will be noticed in passing, and since they state the plaintiff’s case with more of circumstance than does the first count.
We…
2Cases cited9 opinions
- Pierce v. WhitcombSupreme Court of Vermont · 1875
- Sawyer v. Rutland & Burlington RailroadSupreme Court of Vermont · 1855
- Royce v. MaloneySupreme Court of Vermont · 1886
- Winifred Brothers' Administrator v. Rutland RailroadSupreme Court of Vermont · 1898
- Mixer v. HerrickSupreme Court of Vermont · 1906
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3Cited by5 opinions
- Jones v. Southern Pacific Co.California Court of Appeal · 1925
- Ingram's Admrx. v. Rutland RailroadSupreme Court of Vermont · 1915
- Collins v. Estate of CollinsSupreme Court of Vermont · 1932
- Price v. HoldenSupreme Court of Vermont · 1932
- McCarthy's Admr. v. Village of NorthfieldSupreme Court of Vermont · 1913