Legal Opinion

Lincoln v. Central Vermont Railway Co.

Supreme Court of Vermont

Decided May 12, 1909PublishedCited by 34 opinions

Case for negligence. ■ Plea, tbe general issue. Trial by .jury at the April Term, 1908, Windham County, Powers, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. Defendant was entitled to a charge in accordance with its fourth and eighth requests. Plaintiff and the trackmen, in the circumstances of this case, were fellow servants.

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Case for negligence. ■ Plea, tbe general issue. Trial by .jury at the April Term, 1908, Windham County, Powers, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. Defendant was entitled to a charge in accordance with its fourth and eighth requests. Plaintiff and the trackmen, in the circumstances of this case, were fellow servants. Clifford v. Old Colony B. B., 141 Mass. 564; Banning v. Bailroad, 49 N. Y. 521; Farwell v. B. <& W. B. B.,A Met. 49; Davis v. Bailroad, 55 Yt. 84; Kiley v. Butland B. B., 80 Yt. 536; Gilshannon v. Bailroad,…

1Opinion of the CourtITaselton, J.

This was an action of case. The plaintiff was a brakeman in the employ of the defendant company, and on January 1,1907, while acting as such on the West Eiver Division of the defendant’s road, he received injuries which he claims were the result solely of the defendant’s negligence. Trial by jury was had. The verdict was for the plaintiff.

The plaintiff’s evidence tended to show that on the day named a freight car, upon which he was in the line of his duty, left the track while rounding a curve, carrying him with it, and that so the injuries complained of were received. The plaintiff claimed…

2Cases cited54 opinions

  1. Hough v. Railway Co.Supreme Court of the United States · 1880
  2. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  3. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
  4. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  5. Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903

49 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Platt v. ShieldsSupreme Court of Vermont · 1923
  2. French v. WheldonSupreme Court of Vermont · 1916
  3. National Labor Relations Board v. Knight Morley CorporationCourt of Appeals for the Sixth Circuit · 1958
  4. Wellman, Admr. v. WalesSupreme Court of Vermont · 1923
  5. Ryder v. Vermont Last Block Co.Supreme Court of Vermont · 1917

29 more not listed; retrieve them via the Exa API.

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