Marshall v. Boston & Maine Railroad

The controversy relates to an occurrence in Vermont, and the rights of the parties, as fixed by what then happened, are determined by Vermont law. A nonsuit was ordered because under Vermont law the facts in proof conclusively established the contributory negligence of the deceased. This necessarily implies a determination by the trial court of Vermont law as applied to the facts in proof.

■ Foreign law is a matter of fact, determinable at the trial term. Connecticut &c. Co. v. Railroad, 78 N. H. 553, 557; Hansen v. Railway, 78 N. H. 518, 521, 523; Kimball v. Kimball, 75 N. H. 291, 292; Jenne…