Administrator of Carbine v. Bennington & Rutland Railroad
Supreme Court of Vermont
This was an action on the statute brought by the administrator of James Carbine to recover for the wrongful act of the •defendant in causing his death. Plea, the general issue. Trial by jury at the September Term, 1888, Royce, J., presiding. "Verdict for the defendant, and exceptions by the plaintiff.
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This was an action on the statute brought by the administrator of James Carbine to recover for the wrongful act of the •defendant in causing his death. Plea, the general issue. Trial by jury at the September Term, 1888, Royce, J., presiding. "Verdict for the defendant, and exceptions by the plaintiff. The evidence of the plaintiff tended to show that the intestate •was killed by being knocked from the top of a car while passing through a bridge, near Wallingford, on the line .of the defendant’s road. The alleged negligence of the defendant consisted, first, in not maintaining a bridge of…
1Opinion of the Court
The opinion of the court was delivered by
Tart, J.
The disposition of one question controls this case, •and renders the other questions di.-cussed immaterial. A servant assumes all ordinary risks incident to his employment. By •entering upon, and continuing in his service, he is presumed to ■fake upon himself its natural and ordinary risks and perils.. Railroad managers are hound by law to provide their servants with safe and suitable roadbeds and machinery, including all appliances for the discharge of their respective duties; there is •an implied contract on their parí; to perform this duty.…
2Cases cited5 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- De Forest v. . JewettNew York Court of Appeals · 1882
- Devitt v. Pacific RailroadSupreme Court of Missouri · 1872
- Buzzell v. Laconia Manufacturing Co.Supreme Judicial Court of Maine · 1861
- Baltimore & Ohio Railroad v. StrickerCourt of Appeals of Maryland · 1879
3Cited by16 opinions
- Kilpatrick v. Grand Trunk Railway Co.Supreme Court of Vermont · 1902
- Gover v. Central Vermont Railway Co.Supreme Court of Vermont · 1922
- Edwards v. KirkSupreme Court of Iowa · 1939
- Latremouille v. Bennington & Rutland Ry. Co.Supreme Court of Vermont · 1891
- Dailey v. Swift & Co.Supreme Court of Vermont · 1912
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