Lyman v. Central Vermont R. R.
Supreme Court of Vermont
ActioN on the case. . Heard on demurrer, September Term, 1884, Rutland County, Yeazey, J., presiding. Judgment pro forma that the demurrer to the defendant’s special plea be sustained, and that the plea is insufficient. The .pleas and order of pleading are stated in the opinion of the court.
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ActioN on the case. . Heard on demurrer, September Term, 1884, Rutland County, Yeazey, J., presiding. Judgment pro forma that the demurrer to the defendant’s special plea be sustained, and that the plea is insufficient. The .pleas and order of pleading are stated in the opinion of the court. The declaration was in part: “ For that-the defendant at, to wit, Shoreham, in the County of Addison, was the lessee of a certain railroad, known as the Addison Railroad, passing through said town, and as such lessee was long and had been operating and managing the same, and running locomotives and cars…
1Opinion of the Court
*174The opinion of the court was delivered by
Powers, J.
This is au action on the case for negligence in the operation of the Addison Railroad by the defendant as lessee, whereby the plaintiff’s intestate, an employee of the defendant, was killed.
The defendant filed the plea of the general issue to which the similiter was answered, and a special plea to which there was a general demurrer.
The question for consideration arises upon the demurrer.
The substance of this plea is that the defendant Avas not at the time Avhen, etc., in the possession or control of said railroad and the rolling stock of the…
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