Dunbar v. Central Vermont Railway Co.
Supreme Court of Vermont
Case for personal injuries. Plea, the general issue. Trial by jury at the September Term, Franklin County, 1905, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The question to the witness Walsh, referred to in the opinion, was asked in his direct examination. The burden was on the plaintiff to show the absence of knowledge, actual or imputed, of the extraordinary risk which caused his injury. Pierce on Railroads, 382, 383; Tex. & Pac.
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Case for personal injuries. Plea, the general issue. Trial by jury at the September Term, Franklin County, 1905, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The question to the witness Walsh, referred to in the opinion, was asked in his direct examination. The burden was on the plaintiff to show the absence of knowledge, actual or imputed, of the extraordinary risk which caused his injury. Pierce on Railroads, 382, 383; Tex. & Pac. R. R. v. Barrett, 166 U. S. 617; 6 Thomp. Neg. §7531; Brainard v. Van Dyke, 71 Vt. 359, Eawson, Presump. Ev. 133. A…
1Opinion of the CourtRowell, C. J.
This is case to recover for personal injuries to the plaintiff by the derailment of a passenger train that he was conducting over the defendant’s railroad.
The declaration alleged, and plaintiff’s evidence tended to show, that the derailment was occasioned because the ties were so unsound and insufficient that the spikes could not hold the rails in place under the pressure of the train in going around the curve where the accident happened.
*476Tlie defendant moved for a verdict, for that there was no evidence tending to show any negligence on the part of the defendant that the plaintiff did not…
2Cases cited5 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Brainard v. Van DykeSupreme Court of Vermont · 1899
- Clark v. Employers' Liability Assurance Co.Supreme Court of Vermont · 1900
- Dumas v. StoneSupreme Court of Vermont · 1893
3Cited by18 opinions
- 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
- Vaillancourt v. Grand Trunk Railway Co.Supreme Court of Vermont · 1909
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