Boyden v. Fitchburg Railroad
Supreme Court of Vermont
Action on the case to recover damages resulting from the death of the plaintiff’s intestate, Edward Noque. Plea, general issue. Windham County, March Term, 1898, Taft, J., presiding. Trial by jury. Yerdict and judgment for the plaintiff. The defendant excepted.
Read the full summary
Action on the case to recover damages resulting from the death of the plaintiff’s intestate, Edward Noque. Plea, general issue. Windham County, March Term, 1898, Taft, J., presiding. Trial by jury. Yerdict and judgment for the plaintiff. The defendant excepted. It appeared that a double-tracked railroad owned and operated by the defendant is, near the village of Pownal, twice crossed by the same highway at points about a thousand feet apart, and that the easterly crossing is near the defendant’s bridge over the Hoosick river; that on Sunday, July 21,1895, the decedent and three companions…
1Opinion of the Court
"Watson J.
At the close of the evidence, the defendant moved for a verdict, for the reason that the evidence showed the driver of the carriage and the deceased guilty of contributory negligence; that the plaintiff had not shown the deceased free from contributory negligence; and that the case did not show negligence on the part of the defendant, its officers or servants in the management of the train. The motion was overruled, and the case submitted to the jury, to which the defendant excepted. The defendant makes no claim of error under the last clause of the motion.
The record shows the…
2Cases cited13 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Baltimore & Ohio Railroad v. GriffithSupreme Court of the United States · 1895
- Bovee v. Town of DanvilleSupreme Court of Vermont · 1880
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
- Latremouille v. Bennington & Rutland Ry. Co.Supreme Court of Vermont · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- Grubb v. Illinois Terminal Co.Illinois Supreme Court · 1937
- Tannehill v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1919
- Wentworth v. Town of WaterburySupreme Court of Vermont · 1916
- Coleman v. BentSupreme Court of Connecticut · 1924
22 more not listed; retrieve them via the Exa API.