Manley v. Delaware & Hudson Canal Co.
Supreme Court of Vermont
Action on the case for negligence. Plea, tbe general issue. Trial by jury at tbe March Term, 1896, Rutland County, Taft, J., presiding. Tbe plaintiff, a child of six years, was riding with an aged man, Mr. Higgins, and bis wife, over a crossing of the defendant railroad when the carriage was run into by tbe defendant’s train, tbe man and woman instantly killed and tbe plaintiff thrown out and injured. Tbe other-material facts appear in the opinion.
Read the full summary
Action on the case for negligence. Plea, tbe general issue. Trial by jury at tbe March Term, 1896, Rutland County, Taft, J., presiding. Tbe plaintiff, a child of six years, was riding with an aged man, Mr. Higgins, and bis wife, over a crossing of the defendant railroad when the carriage was run into by tbe defendant’s train, tbe man and woman instantly killed and tbe plaintiff thrown out and injured. Tbe other-material facts appear in the opinion. A verdict should have been directed. If Mr. Higgins looked be must have seen tbe train before be or it reached the crossing. If he did not look he…
1Opinion of the CourtRowell, J.
The defendant moved for a verdict, for that there was no testimony tending to show negligence on its part, and for that the testimony disclosed contributory negligence on the part of Higgins, with whom the plaintiff was riding at the time of her injury, and whose negligence, the defendant claimed, was imputable to her.
The motion was properly overruled as to the first ground; for although all of the defendant’s testimony, and a large part of the plaintiff’s, tended to show that the whistle was blown and the bell rung seasonably and sufficiently, yet some of the plaintiff’s tended to show the…
2Cases cited2 opinions
- Kellogg v. . N.Y.C. and Hudson R.R.R. Co.New York Court of Appeals · 1879
- Tyler v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1884
3Cited by11 opinions
- Harrington v. Rutland RailroadSupreme Court of Vermont · 1915
- Carter v. Central Vermont RailroadSupreme Court of Vermont · 1900
- Duggan v. HeaphySupreme Court of Vermont · 1912
- Lefebvre's Admr. v. Central Vermont Railway Co.Supreme Court of Vermont · 1924
- Flint's Admr. v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
6 more not listed; retrieve them via the Exa API.