D. W. Germond's Administrator v. Central Vermont Railroad
Supreme Court of Vermont
Case for the negligence of the defendant, resulting in the death of the plaintiff’s intestate. Plea, the general issue. Trial by jury at the March term, 1892, Ross, Ch. J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. It was conceded that the plaintiff’s intestate was killed by being struck by a locomotive under the control of the defendant. The accident occurred at a crossing in the village of Rutland.
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Case for the negligence of the defendant, resulting in the death of the plaintiff’s intestate. Plea, the general issue. Trial by jury at the March term, 1892, Ross, Ch. J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. It was conceded that the plaintiff’s intestate was killed by being struck by a locomotive under the control of the defendant. The accident occurred at a crossing in the village of Rutland. At that point the highway crosses several tracks of the defendant, and at the time of the accident and for some time before, the defendant kept stationed there a.…
1Opinion of the CourtTyler, J.
If the defendant’s evidence had not been disputed, that as soon as the Delaware & Hudson train had backed from the crossing the deceased, in disregard of the flagman’s signal and command to stop, drove across the D. & H. track, and then, with the defendant’s locomotive in view, attempted to pass over the twenty-three feet space and the track of the defendant, taking the risk of being struck by the defendant’s locomotive before he could reach the east side of the track upon which the locomotive was running, there would have been good ground for the motion for a verdict. But the evidence upon…
2Cases cited4 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
- Hill v. Town of New HavenSupreme Court of Vermont · 1865
- Worthington v. Central Vt. R.R.Supreme Court of Vermont · 1891
3Cited by5 opinions
- Florida Central & Peninsular Railroad v. WilliamsSupreme Court of Florida · 1896
- Turon v. J. & L. CONSTRUCTION CO.Supreme Court of New Jersey · 1952
- Magoon v. Boston & Maine Rd.Supreme Court of Vermont · 1894
- Foote v. WoodworthSupreme Court of Vermont · 1894
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894