Town of Roxbury v. Central Vermont R. R.
Supreme Court of Vermont
ActioN based upon section 3383 of tbe Revised Laws. Heard on demurrer to the writ and declaration, March Term, 1885, Washington County, Redeield, J., presiding. Demurrer-overruled. Exceptions allowed and ordered to be certified into the Supreme Court.
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ActioN based upon section 3383 of tbe Revised Laws. Heard on demurrer to the writ and declaration, March Term, 1885, Washington County, Redeield, J., presiding. Demurrer-overruled. Exceptions allowed and ordered to be certified into the Supreme Court. The County Court having adjudged the writ and declaration sufficient, the defendant pleaded the general issue with notice of a special matter to give in evidence ; and there was a trial by Jury, March Term, 1885, Powers, J., presiding. Special and general verdict for the plaintiff. The writ was directed against “ The Central Vermont Railroad…
1Opinion of the Court
*136The opinion of the court was delivered by
Veazey, J.
This suit was brought to recover of the defendant railroad company the amount of a judgment which had been rendered, against the plaintiff town for injury to a traveller upon a highway by reason of its insufficiency which consisted of an embankment or fill constituting an approach in the highway to a railroad crossing, and having no railing at the sides of the fill to protect the traveller from going off.
The defendant company was cited in to defend the former suit but did not appear. The defendant filed a general demurrer to the writ and…
2Cases cited7 opinions
- Farley v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1875
- Burritt v. City of New HavenSupreme Court of Connecticut · 1875
- Lyman v. Central Vermont R. R.Supreme Court of Vermont · 1886
- White v. Inhabitants of QuincyMassachusetts Supreme Judicial Court · 1867
- Town of Hamden v. New Haven & Northampton Co.Supreme Court of Connecticut · 1858
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3Cited by16 opinions
- Digregorio v. Champlain Valley Fruit Co.Supreme Court of Vermont · 1969
- Bardwell Motor Inn, Inc. v. AccavalloSupreme Court of Vermont · 1977
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- Viens v. ANTHONY COMPANYDistrict Court, D. Vermont · 1968
- Phelps v. City of DetroitMichigan Supreme Court · 1899
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