Holden v. Rutland & Burlington Railroad
Supreme Court of Vermont
Case for tl\e neglect of the defendants to keep a suitable- fence along the line of their railroad, whereby, on three different occasions, the horses and cows of the plaintiff were injured or killed. The declaration contained three counts.
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Case for tl\e neglect of the defendants to keep a suitable- fence along the line of their railroad, whereby, on three different occasions, the horses and cows of the plaintiff were injured or killed. The declaration contained three counts. The first alleged that on the 8th of September, 1849, for want of such a fence as it was the duty of the defendants to make and maintain, a horse of the plaintiff escaped from his land and went at large, and by means of going at large, was greatly injured. The second count alleged the injury on another occasion, of a cow belonging to the plaintiff, by the…
1Opinion of the Court
The opinion of the court was delivered by
Aldis, J.
This was an action on the case. The declaration *302contained three counts. There tras a general verdict upon all the counts for the plaintiff After verdict the defendants moved in arrest of judgment, on account of the insufficiency of the first count in the declaration. Upon this motion the county court arrested the judgment and set aside the verdict.
The declaration alleges that the defendants neglected to keep a fence on the line of their railroad adjoining the plaintiff’s land, as required by law, that for want of such fence the plaintiff’s…
2Cited by7 opinions
- Nelson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
- Parker v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1892
- Nordean v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1912
- Stevenson v. Atlantic & Northern Railway Co.Supreme Court of Iowa · 1919
- Baltimore, Pittsburgh & Chicago R. W. Co. v. McClellanIndiana Supreme Court · 1877
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