Goupiel v. Grand Trunk Railway Co.
Supreme Court of Vermont
Action of Tort, under the Federal Employers’ Liability Act, for negligently exploding a railroad torpedo that struck plaintiff in the chest. Plea, the general issue. Trial by jury at the April Term, 1918, Essex County, Slack, J., presiding. Verdict directed for the defendant, and judgment thereon. The plaintiff excepted. The opinion states the case.
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Action of Tort, under the Federal Employers’ Liability Act, for negligently exploding a railroad torpedo that struck plaintiff in the chest. Plea, the general issue. Trial by jury at the April Term, 1918, Essex County, Slack, J., presiding. Verdict directed for the defendant, and judgment thereon. The plaintiff excepted. The opinion states the case. That the servant had departed from the course of his employment is a matter of defence, the burden of proof of which is on the defendant. Texas & P. B. Co. v. Scoville, 62 Fed. Rep. 730, 27 L. R. A. 179; Cobb v. Columbia & G. B. Co., 37 S. C. 194,…
1Opinion of the CourtWatson, C. J.
The evidence, taken in the light most favorable to the plaintiff, fairly tended to show the facts stated below.
On July 3, 1915, about 8:30 o’clock in the forenoon, the plaintiff was engaged as a section man, with others in the same line of employment, working for defendant railway company, putting in ties on its main line from Island Pond, this State, to Portland, Maine, and from two to three hundred feet east of the depot at Wenloek in Vermont. When so there engaged, the defendant’s way freight train, east bound from Island Pond to Gorham in the state of New Hampshire, stopped at Wenloek for…
2Cases cited17 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Noyes v. SmithSupreme Court of Vermont · 1855
- Wood v. JamesSupreme Court of Vermont · 1918
- Ploof v. PutnamSupreme Court of Vermont · 1910
- Drown v. New England Telephone & Telegraph Co.Supreme Court of Vermont · 1907
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- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Sarna v. American Bosch Magneto Corp.Massachusetts Supreme Judicial Court · 1935
- Tinney v. CrosbySupreme Court of Vermont · 1941
- Goupiel v. Grand Trunk Railway Co.Supreme Court of Vermont · 1922
- Residents of Royalton v. Central Vermont Railway Co.Supreme Court of Vermont · 1927
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