Bemis v. Central Vermont R. R.
Supreme Court of Vermont
Action on the case to recover for injuries to the plaintiff, caused by the fall of a crane, or hoisting apparatus. ' Trial by jury, March Term, 1885, Walker,-J., presiding. Verdict for the defendant.
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Action on the case to recover for injuries to the plaintiff, caused by the fall of a crane, or hoisting apparatus. ' Trial by jury, March Term, 1885, Walker,-J., presiding. Verdict for the defendant. The plaintiff’s testimony tended to show that the defendant had erected a crane upon its ground at its depot in Townshend; that .on the first day of February, 1882, said crane was insufficient and out of repair; and that on that day the plaintiff was using and operating the same in unloading a block of soapstone from his sled, as freight to be loaded upon the defendant’s cars and transported upon…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
One of the issues was that of contributory negligence ; and this was based on the claim that three men at least were required in the operation of the hoisting apparatus, especially in raising and moving a stone of the size named in the exceptions, and on the fact that but two men were using the apparatus at the time of the accident, the defendant claiming that such was not a prudent use. One Brooks was improved as a witness by the defendant, to show about the operation and capacity of the machine, and the number of men required to use it, and…
2Cases cited2 opinions
- Clifford v. RichardsonSupreme Court of Vermont · 1846
- Wright v. Williams's EstateSupreme Court of Vermont · 1874
3Cited by14 opinions
- Giraude v. Elec. Improvement Co. of San JoseCalifornia Supreme Court · 1895
- Meehan v. Great Northern Railway Co.North Dakota Supreme Court · 1904
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Tinney v. CrosbySupreme Court of Vermont · 1941
- Luther Baker & Sons v. ShermanSupreme Court of Vermont · 1899
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