Legal Opinion

Johnson v. Boston & Maine Railroad

Supreme Court of Vermont

Decided February 2, 1906PublishedCited by 3 opinions

Case for negligence. Plea, the general issue. Trial by jury at the December Term, 1903, Windsor County, Munson, J., presiding. Verdict ordered for the defendant, and judgment thereon. The plaintiff excepted. The opinion states the case. Defendant was negligent in allowing the locomotive to be out of repair. Carbine v. R. R. Co., 61 Vt. 351; Bancroft v. R. R. Co., 67 N. H. 466; Demars v. Glen Mfg.

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Case for negligence. Plea, the general issue. Trial by jury at the December Term, 1903, Windsor County, Munson, J., presiding. Verdict ordered for the defendant, and judgment thereon. The plaintiff excepted. The opinion states the case. Defendant was negligent in allowing the locomotive to be out of repair. Carbine v. R. R. Co., 61 Vt. 351; Bancroft v. R. R. Co., 67 N. H. 466; Demars v. Glen Mfg. Co., 67 N. H. 406; Shaw v. Sheldon, 103 N. Y. 667; Anderson v. Clark, .155 Mass. 368. A servant assumes all ordinary risks incident to his employment, and all risks which exist because of the…

1Opinion of the CourtPowers, J.

The plaintiff seeks damages for injuries sustained in the defendant’s service at Lebanon, N. H., on Janu.ary 2, 1902. At that time he was, and for more than eleven years prior thereto had been, employed by the defendant as a *346freight brakeman running usually between Concord, N. H., and White River Junction, Vt. During all that time there had been maintained at Lebanon an overhead bridge spanning the defendant’s track, so low as to' endanger one passing under it on the top of a freight car and compel him either to descend between the cars or lie flat upon the car to escape its perils. On the…

2Cases cited8 opinions

  1. Missouri Furnace Co. v. AbendIllinois Supreme Court · 1883
  2. Kilpatrick v. Grand Trunk Railway Co.Supreme Court of Vermont · 1902
  3. Morrisette v. Canadian Pacific Railway Co.Supreme Court of Vermont · 1902
  4. Administrator of Carbine v. Bennington & Rutland RailroadSupreme Court of Vermont · 1889
  5. Burnham v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1896

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

3Cited by3 opinions

  1. Duggan v. HeaphySupreme Court of Vermont · 1912
  2. Lemieux v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
  3. Duggan v. HeaphySupreme Court of Vermont · 1912

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