James Morse & Bro. v. Rutland & Burlington Railroad
Supreme Court of Vermont
Obligation of railroad companies to fence their road. Negligence in the running of their trains. Trespass on the case, to recover the value of two cows killed upon the defendant’s railroad by one of their engines. Plea, the general issue, and trial by jury, May Term, 1854,— Pbok, J., presiding. Upon the trial the following facts appeared.
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Obligation of railroad companies to fence their road. Negligence in the running of their trains. Trespass on the case, to recover the value of two cows killed upon the defendant’s railroad by one of their engines. Plea, the general issue, and trial by jury, May Term, 1854,— Pbok, J., presiding. Upon the trial the following facts appeared. About a mile south of the village of Burlington the defendant’s railroad was crossed by a highway, at the intersection of which were cow gates, and about two hundred rods further south, the railroad was crossed by another highway. Between these highways the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
We think the principal question raised in this case must be governed by the case of Jackson v. Rutland § Burlington Railroad Company, 25 Vt. 150. The charter of this company enacts, “ that the corporation shall build and maintain a sufficient fence upon each side of their railroad, through the whole route thereof.” In Jackson’s case it was settled, that the duty imposed upon the corporation by their charter was not a general duty, but that the obligation to fence extends only to the adjoining owner, and to cattle lawfully upon his close.…
2Cases cited1 opinion
- Jackson v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
3Cited by3 opinions
- Mead v. Burlington & Lamoille RailroadSupreme Court of Vermont · 1880
- Fitch v. Louisville & Nashville R. R.Tennessee Supreme Court · 1875
- Chapin v. Sullivan RailroadSupreme Court of New Hampshire · 1859