Bemis v. Connecticut & Passumpsic Rivers Railroad
Supreme Court of Vermont
Action on tjie case, for killing or injuring the plaintiff’s bull by the defendants’ engine. Plea, the general issue. Trial by jury, June term, 1867, Caledonia county, Steele, J., presiding. Verdict for the plaintiff.
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Action on tjie case, for killing or injuring the plaintiff’s bull by the defendants’ engine. Plea, the general issue. Trial by jury, June term, 1867, Caledonia county, Steele, J., presiding. Verdict for the plaintiff. Tbe plaintiff gave evidence tending to show that on the 15th of September, 1865, his bull was run over or hit by the defendants’ engine, while running a train from Lyndon north toward Barton; that the animal was kept on the east side .of the Passumpsic river, in the plaintiff’s pasturé ; that the track of the defendants’ road is on the west side of said river; that one Morgan…
1Opinion of the Court
*378The opinion of the court was delivered by
Wilson, J.
It is settled law in this state that the obligations upon railroad companies to build a fence along their road only extends to the owner or rightful occupier of the adjoining fields, and not to mere trespassers there. The case shows that the plaintiff’s, bull was a trespasser upon the defendants’ premises, presumed to have escaped from the plaintiff’s enclosure and strayed upon the track, through the insufficiency of his fences, which, in law, is the same as if the plaintiff had suffered the animal to go at large, without any restraint…
2Cases cited2 opinions
- Jackson v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- State ex rel. Coughlan v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1866
3Cited by15 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Atchison, T. & S. F. Ry. Co. v. Davis & YoungSupreme Court of Oklahoma · 1910
- Magoon v. Boston & Maine Rd.Supreme Court of Vermont · 1894
- Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884
- Maynard v. Norfolk & W. R.West Virginia Supreme Court · 1895
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