Goulette's Administrator v. Grand Trunk Railway Co.
Supreme Court of Vermont
Action on the Case under Federal Employers’ Liability Act to recover damages for the benefit of the next of kin, on account of claimed negligence in hauling a rack car not equipped with running boards and ladder platforms. Pleas, the general issue, and assumption of risk. Trial by jury at the April Term, 1918, Essex County, Slack, J., presiding. At the close of .the evidence the Court directed a verdict for the defendant, and judgment on the verdict. The plaintiff excepted.
Read the full summary
Action on the Case under Federal Employers’ Liability Act to recover damages for the benefit of the next of kin, on account of claimed negligence in hauling a rack car not equipped with running boards and ladder platforms. Pleas, the general issue, and assumption of risk. Trial by jury at the April Term, 1918, Essex County, Slack, J., presiding. At the close of .the evidence the Court directed a verdict for the defendant, and judgment on the verdict. The plaintiff excepted. The opinion states the case.
1Opinion of the Court
Fisi-i, Superior Judge.
The facts are these: On August 24, 1917, the decedent, a brakeman of 8 or 9 years’ experience, with the other members of the crew, took a freight train from Island Pond, Vermont, to Gorham, New Hampshire, a distance of 51 miles, where the train arrived at five o’clock in the afternoon. About an hour later the train with the same crew started to return to Island Pond having 13 cars in the train. It reached Berlin, New Hampshire, about 7 o’clock, where 46 cars were taken in, making a train of 59 cars in all. The decedent assisted in coupling the air hose, let off the…
2Cases cited20 opinions
- United States v. GrimaudSupreme Court of the United States · 1911
- Caha v. United StatesSupreme Court of the United States · 1894
- United States v. RossSupreme Court of the United States · 1876
- Interstate Commerce Commission v. Goodrich Transit Co.Supreme Court of the United States · 1912
- Kansas City Southern Railway Co. v. United StatesSupreme Court of the United States · 1913
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. Johnston's Fuel Liners, Inc.North Dakota Supreme Court · 1963
- Dent v. Bellows Falls & Saxtons River Street Railway Co.Supreme Court of Vermont · 1922
- Wellman, Admr. v. WalesSupreme Court of Vermont · 1923
- Woodcock's Admr. v. HallockSupreme Court of Vermont · 1925
- Huckleberry v. Missouri Pacific RailroadSupreme Court of Missouri · 1930
11 more not listed; retrieve them via the Exa API.