Congdon v. Cen. Vt. R. R.
Supreme Court of Vermont
Action for killing the plaintiff’s horse. Heard on a referee’s report, September Term. 1880, Rutland County, Ross, J., presiding. Judgment for the plaintiff. - The plaintiff, knowing that the fence was defective, was guilty of contributory negligence in turning the horse into the meadow. Nance v. C. <& 8. R. Li. Co., 26 N. Y. 428; R. R. Co. v. 8him,er, 11 Ind. 296; Filis v. L. <& 8. R. R. Co.,. 2 H & N. 424; Lll. Cen. R. R. Co. v. McLCee, 43 111. 119; R. Li.
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Action for killing the plaintiff’s horse. Heard on a referee’s report, September Term. 1880, Rutland County, Ross, J., presiding. Judgment for the plaintiff. - The plaintiff, knowing that the fence was defective, was guilty of contributory negligence in turning the horse into the meadow. Nance v. C. <& 8. R. Li. Co., 26 N. Y. 428; R. R. Co. v. 8him,er, 11 Ind. 296; Filis v. L. <& 8. R. R. Co.,. 2 H & N. 424; Lll. Cen. R. R. Co. v. McLCee, 43 111. 119; R. Li. Co. v. Wright, 13 Ind. 213; R. Li. Co. v. Couffman, 28 111. 513; Toledo da W. R. R. Co v. Thomas, 18 Ind. 215; Northern Ind. It. It. Go.…
1Opinion of the Court
The opinion of the court was delivered by
Boss, J.
The referee has found, that the plaintiff’s horse escaped from his „meadow, adjoining the railroad operated by the defendant, over the fence of the defendant, separating the meadow from the bed of the railroad, by breaking down a portion of a length of board fence, and passing upon the track, was killed by a passing train; and further, that the fence was wras not a legal fence, at the time and place when and where the horse passed through or over. He has also found that there was no evidence submitted tending to show any want of proper care and…
2Cases cited3 opinions
- Hurd v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- Quimby v. Vermont Central RailroadSupreme Court of Vermont · 1851
- Mead v. Burlington & Lamoille RailroadSupreme Court of Vermont · 1880
3Cited by7 opinions
- Victor Coal Co. v. MuirSupreme Court of Colorado · 1894
- St. Louis S. F. R. Co. v. SteeleSupreme Court of Oklahoma · 1913
- Morrison v. LeeNorth Dakota Supreme Court · 1911
- Siglin v. Coos Bay CompanyOregon Supreme Court · 1899
- Knight v. Southern Pacific Co.Utah Supreme Court · 1918
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