Stebbins v. Central Vermont Railroad
Supreme Court of Vermont
Action on the case, in which the plaintiff claimed to recover damages for an injury to his timber lands in Yernon, by reason of a fire claimed to have been communicated by the defendant’s engine. Plea, the general issue. Trial by jury, September Term, 1881, Taft, J., presiding; and verdict for the defendant.
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Action on the case, in which the plaintiff claimed to recover damages for an injury to his timber lands in Yernon, by reason of a fire claimed to have been communicated by the defendant’s engine. Plea, the general issue. Trial by jury, September Term, 1881, Taft, J., presiding; and verdict for the defendant. The fire, from which the plaintiff claimed to have suffered, as his evidence tended to show, was started on lands inside the defendant’s fences, and from thence it spread to the lands of N. P. Bryant; from thence to the lands of Lucy Stebbins; and from thence to those of the plaintiff.…
1Opinion of the Court
*468The opinion of the court was delivered by
Veazey, J.
It is not claimed by the defendant but that if the fire was burning on the plaintiff’s premises when he first learned of it, his neglect to try and stop it then, though constituting negligence contributory to the damages thereafter accruing, would prevent his recovery for the damages already accrued, to which his negligence did not contribute, but which resulted solely from the defendant’s negligence.
The only point of exception now insisted upon by the plaintiff is to the charge of the court to the jury. We think the charge would be…
2Cases cited1 opinion
- Wilmot v. HowardSupreme Court of Vermont · 1867
3Cited by5 opinions
- Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
- Smithwick v. Hall & Upson Co.Supreme Court of Connecticut · 1890
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Belcher v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1899
- Van Dyke v. Grand Trunk Railway Co.Supreme Court of Vermont · 1911