Van Dyke v. Grand Trunk Railway Co.
Supreme Court of Vermont
Case for negligence in setting fires. Heard on the pleadings,, referees’ report and defendant’s exceptions thereto, at the December Term, 1909, Caledonia County, Stanton, J., Presiding. Exceptions overruled, and judgment for the plaintiff for the damages found by the report, and costs. The defendant excepted. The opinion states the case. If this action is maintainable, it should have been brought by the mortgagee. Adams v. St. Johnsbury & L. C. II.
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Case for negligence in setting fires. Heard on the pleadings,, referees’ report and defendant’s exceptions thereto, at the December Term, 1909, Caledonia County, Stanton, J., Presiding. Exceptions overruled, and judgment for the plaintiff for the damages found by the report, and costs. The defendant excepted. The opinion states the case. If this action is maintainable, it should have been brought by the mortgagee. Adams v. St. Johnsbury & L. C. II. R. Co., 57 Vt. 240; Wade v. Hennessy, 55 Vt. 207; Brooks & Berry v. Hubbard et al., 73 Vt. 122; Gooding v. Shea, 103 Mass. 360; Jeffers v. Pease…
1Opinion of the CourtHaselton, J.
This is an action to recover damages sustained by the plaintiff in consequence of certain forest fires which burnt over lands in the County of Essex in the spring, or early summer, of 1903. The plaintiff' claimed that these fires were communicated by locomotive engines on the line of the defendant corporation.
The case was tried by referees to whom it was referred “to be heard and tried according to the rules of the common law.” Some discussion has been had as to the effect of this reference, since questions of law arising upon the face of the report' were submitted to the trial court, and…
2Cases cited54 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
49 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Nichols v. Central Vermont Railway Co.Supreme Court of Vermont · 1919
- Thompson-Starrett Co. v. E. B. Ellis Granite Co.Supreme Court of Vermont · 1912
- Goupiel v. Grand Trunk Railway Co.Supreme Court of Vermont · 1920
- Trudeau v. LussierSupreme Court of Vermont · 1963
- Twin City Power Co. v. Savannah River Electric Co.Supreme Court of South Carolina · 1930
5 more not listed; retrieve them via the Exa API.