Mitchell v. Central Vermont Railway Co.

This is an action to recover for personal injuries, received by the plaintiff by being thrown from a load of railroad ties when his team of horses became frightened, and ran away, at the alleged negligent blowing of a whistle by the defendant’s servants on one of its locomotive engines.

The accident occurred in the freight yard of the defendant in Amherst. The plaintiff and his brother were engaged in delivering railroad ties to the defendant. Each with a team of horses drove into the yard, and while both were on the plaintiff’s wagon unloading the ties an engine came to a stop within thirty…