Bryant v. Central Vt. Railroad
Supreme Court of Vermont
Action to recover for damages claimed to have been sustained by fires communicated by defendant’s engines to timbered land' of the plaintiff, in the town of Yernon,.onthe 4th and 1.4th days of October, 1879, on the line of the New London Northern Hailroad-, then operated by defendant. Plea, general issue. Trial by jury, September Term, 1883,, Howell, J. presiding. Judgment for the plaiiffiff.
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Action to recover for damages claimed to have been sustained by fires communicated by defendant’s engines to timbered land' of the plaintiff, in the town of Yernon,.onthe 4th and 1.4th days of October, 1879, on the line of the New London Northern Hailroad-, then operated by defendant. Plea, general issue. Trial by jury, September Term, 1883,, Howell, J. presiding. Judgment for the plaiiffiff. The defendant’s seventh request: “ The defendant in order to be without fault in respect to combustible material within the located limits of the railroad, was not bound to do more than was reasonably…
1Opinion of the Court
The opinion of the court was delivered, by
Koyojs, Oh. J.
The first exception urged by the defendant is to the exclusion of the testimony of its roadmastcr, as an expert, as to whether McNulty, the defendant’s section man, who had_ charge of the section where the fire originated, was “a careful, prudent, and attentive man ” in the discharge of his duties. It is claimed that the evidence offered was admissible upon the question of whether the defendant used “ all due care and diligence” in its management of the railroad.
The rule laid down in Pierce on Hailroad Law, 296, and abundantly sustained…
2Cases cited2 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
3Cited by7 opinions
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Warden v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
- Omaha Fair & Exposition Ass'n v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1894
- Goupiel v. Grand Trunk Railway Co.Supreme Court of Vermont · 1920
- Southern Kansas Railway Co. v. RobbinsSupreme Court of Kansas · 1890
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