Wilder v. St. Johnsbury & Lake Champlain Rd.
Supreme Court of Vermont
Case for the refusal of the defendant to afford the plaintiff equal facilities of transportation. Plea, the general issue. Trial by court at the December term, 1890, Caledonia county, Tyler, J., presiding. Upon the facts found and certified the court gave judgment for the defendant. The plaintiff excepts. The plaintiff had no coal to ship, but he had a coal business to manage and. he might rely upon the refusal of the defendant as final.
Read the full summary
Case for the refusal of the defendant to afford the plaintiff equal facilities of transportation. Plea, the general issue. Trial by court at the December term, 1890, Caledonia county, Tyler, J., presiding. Upon the facts found and certified the court gave judgment for the defendant. The plaintiff excepts. The plaintiff had no coal to ship, but he had a coal business to manage and. he might rely upon the refusal of the defendant as final. Lewis v. Brainerd, 53 Vt. 5x0, 519. To charge a common carrier with refusal to transport, the property must be actually delivered. Story, Bail., s. S°8 j…
1DissentTaet, J.
I dissent, I am unable to see what connection the dispute of the parties about the cost of an elevator, has with the question in controversy. The plaintiffs were coal dealers at St. Johnsbury, and having been told by the superintendent of the defendant’s road that the defendant would not ship any more coal for their firm, that it would not haul another ton, that they, the plaintiffs, had got to go out of the coal business, asked the superintendent what he should do if they brought a boat-load of coal to the wharf at Maquam, the terminus of the defendant’s road. He replied
“That he would not…
2Cases cited3 opinions
- Russell v. OrmsbeeSupreme Court of Vermont · 1838
- Preston v. WhitcombSupreme Court of Vermont · 1839
- Gragg v. HullSupreme Court of Vermont · 1868