Wilder v. St. Johnsbury & Lake Champlain Rd.
Supreme Court of Vermont
Case for the refusal of the defendant to afford the plaintiff equal facilities of transportation. Plea, the general issue. Trial by court at the December term, 1890, Caledonia county, Tyler, J., presiding. Upon the facts found and certified the court gave judgment for the defendant. The plaintiff excepts. The plaintiff had no coal to ship, but he had a coal business to manage and. he might rely upon the refusal of the defendant as final.
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Case for the refusal of the defendant to afford the plaintiff equal facilities of transportation. Plea, the general issue. Trial by court at the December term, 1890, Caledonia county, Tyler, J., presiding. Upon the facts found and certified the court gave judgment for the defendant. The plaintiff excepts. The plaintiff had no coal to ship, but he had a coal business to manage and. he might rely upon the refusal of the defendant as final. Lewis v. Brainerd, 53 Vt. 5x0, 519. To charge a common carrier with refusal to transport, the property must be actually delivered. Story, Bail., s. S°8 j…
1Opinion of the CourtMunson, J.
For four years prior to 1884 the plaintiff’s firm was engaged in selling coal at St. Johnsbury. Its supply was obtained in the state of New York, brought by boat to Maquam Bay, and transported thence over the defendant’s road..
In April, 1884, the plaintiff had a dispute with Jewett, the defendant’s superintendent, about the defendant’s liability for the cost of an elevator which the firm had erected on defendant’s land. In the course of this dispute Jewett declared that the company would not haul any more coal for the plaintiff’s firm. Upon a renewal of the controversy some days later, Jewett…
2Cited by1 opinion
- Richey & Gilbert Co. v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1910