Adams v. Fitchburg Railroad
Supreme Court of Vermont
Action on the case. Heard upon demurrer to the plaintiff’s declaration, at the March term, 1894, Windham county, Ross, C. J.,presiding. Judgment sustaining the demurrer, and for the defendant. The plaintiff excepts.
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Action on the case. Heard upon demurrer to the plaintiff’s declaration, at the March term, 1894, Windham county, Ross, C. J.,presiding. Judgment sustaining the demurrer, and for the defendant. The plaintiff excepts. The plaintiff brought suit as the administrator of one L. C. Adams, alleging that the defendant was a railroad corporation operating a railroad in the state of Massachusetts, and that her intestate, while a passenger upon said railroad in that state, had been killed by the negligence of the defendant, and without fault upon his part, and that she thereby became entitled to an…
1Opinion of the CourtMunson, J.
The plaintiff claims to recover by virtue of the provisions of a public statute of Massachusetts. The suit cannot be maintained if the statute declared upon is held to be penal. Blaine v. Curtis, 59 Vt. 120. So far as we are informed by counsel or have been able to ascertain by examination, no construction has been placed upon this statute by the Massachusetts court. It thus becomes necessary for us to give to the statute our own interpretation. Its provisions are different from those of any other statute to which our attention has been called. It is not free from expressions which in…
2Cases cited3 opinions
- Blaine v. CurtisSupreme Court of Vermont · 1886
- Burnett v. WardSupreme Court of Vermont · 1869
- Newman v. WaiteSupreme Court of Vermont · 1871
3Cited by23 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Miller v. Mun. Court of L. A.California Supreme Court · 1943
- Wellman v. MeadSupreme Court of Vermont · 1919
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Cristilly v. WarnerSupreme Court of Connecticut · 1913
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