Davis's Admx. v. Rutland Railroad
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1908, Rutland County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. At the close of all the evidence, the defendant moved for a verdict on the grounds stated in the opinion. Motion overruled, to which the defendant excepted.
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Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1908, Rutland County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. At the close of all the evidence, the defendant moved for a verdict on the grounds stated in the opinion. Motion overruled, to which the defendant excepted. It appeared that at the time of the accident, June 20, 1906, plaintiff’s intestate was a locomotive engineer in the employ of the defendant, and was running a locomotive drawing a passenger train from Rutland to Bellows Falls, which route would pass…
1Opinion of the CourtRowell, C. J.
This is case for negligence in causing the death of the intestate by means of an escaped freight car colliding with an engine that was being run by the intestate as defendant’s servant, hauling a passenger train from Rutland to Bellows Falls.
The original declaration, which contained but one count, did not allege that the intestate did not know of the different breaches of duty therein alleged, and the plaintiff was allowed to file an amended count supplying that omission. It is objected that this was error, for that the original declaration showed no cause of action, and to amend by showing…
2Cases cited3 opinions
- Daley v. GatesSupreme Court of Vermont · 1893
- Cleveland v. Town of WashingtonSupreme Court of Vermont · 1907
- Lycoming Fire Insurance v. BillingsSupreme Court of Vermont · 1889
3Cited by9 opinions
- Platt v. ShieldsSupreme Court of Vermont · 1923
- Johnson v. Hardware Mutual Casualty Co.Supreme Court of Vermont · 1938
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- In re Bean's WillSupreme Court of Vermont · 1912
- Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
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