Poland v. Grand Trunk Rail Road
Supreme Court of Vermont
Case for injury received by the plaintiff while in the defendant’s employment, by reason of a defective engine used by the defendant. Pleas, the general issue and statute of limitations.
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Case for injury received by the plaintiff while in the defendant’s employment, by reason of a defective engine used by the defendant. Pleas, the general issue and statute of limitations. The plaintiff replied to the plea of the statute, that on the 1st day of February, 1867, he commenced suit against the defendant for the same cause of action, returnable to the then next March term of Essex county court, at which term the same was entered and continued to the September term, when, on trial by jury, after the plaintiff had rested, the court held that the plaintiff’s evidence did not sustain…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The replication shows that in the former suit the judgment was reversed, pro forma, under the rule made in the county court, and the cause was remanded for trial, with leave to the plaintiff to amend his declaration; also, that after the evidence in support of said action was all in, the court decided as matter of law that it did not support the declaration, and thereupon directed a verdict for the defendant. It further shows that in the second term of the county court after said cause was remanded and entered in it, the suit was nonsuited…
2Cases cited3 opinions
- Phelps v. WoodSupreme Court of Vermont · 1837
- Spear v. CurtisSupreme Court of Vermont · 1867
- Hayes v. StewartSupreme Court of Vermont · 1851
3Cited by2 opinions
- Johnson v. Wells-Lamson Quarry Co.Supreme Court of Vermont · 1931
- Kent v. BatchelderSupreme Court of Vermont · 1915