Tarbell v. Rutland Railroad
Supreme Court of Vermont
CasF For nFGrigFncf. The plaintiff filed an amended declaration to which the defendant demurred. The demurrer was overruled and the defendant excepted. Thereupon the defendant filed pleas in bar to which the plaintiff demurred. Hearing was had on the plaintiff’s demurrer, Rutland County, March Term, 1901, Munson, J., presiding. The court sustained such demurrer and adjudged the defendant’s pleas insufficient.
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CasF For nFGrigFncf. The plaintiff filed an amended declaration to which the defendant demurred. The demurrer was overruled and the defendant excepted. Thereupon the defendant filed pleas in bar to which the plaintiff demurred. Hearing was had on the plaintiff’s demurrer, Rutland County, March Term, 1901, Munson, J., presiding. The court sustained such demurrer and adjudged the defendant’s pleas insufficient. The defendant excepted, and the cause was passed to the Supreme Court before final judgment.
1Opinion of the CourtTyler, J.
Action, case, for defendant’s negligence, through its servants and agents, in leaving, or permitting to be left, a car loaded with lumber to stand upon a side-track in such proximity to the main track, that the plaintiff’s intestate, while descending a ladder on the outside of one of the cars which the defendant was operating on the main track, was struck, knocked from the car and so injured that he died.
The question before us is raised by the plaintiff’s demurrer to the defendant’s pleas wherein it is alleged that the plaintiff, as next of kin of the intestate, Arthur W. Tarbell, before the…
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