Legal Opinion

Jackson v. Rutland & Burlington Railroad

Supreme Court of Vermont

Decided February 15, 1853PublishedCited by 52 opinions

Trespass on the Case, brought to recover the value of two horses, killed upon the track of defendants’ road, by a train in motion. Plea, general issue an'd trial by jury. On trial, the parties agreed upon the following statement of facts, which contains all the material evidence in the case.

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Trespass on the Case, brought to recover the value of two horses, killed upon the track of defendants’ road, by a train in motion. Plea, general issue an'd trial by jury. On trial, the parties agreed upon the following statement of facts, which contains all the material evidence in the case. That by the provisions of their charter, as well as by the general law of the State, the defendants were required “ to build and maintain sufficient fence, upon each side of their railroad, through the whole route thereof.” That, at the station at Brandon, the railroad crosses a public highway at right…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

The question arises, for whose benefit is the company required to maintain the fences on each side of their. *156road ? This will, in a good degree, determine who may have an action for injuries consequent upon the omission to build or to maintain such fences. For right and obligation, in regard to these matters, are, for the most part, correlative and coextensive. One cannot ordinarily have an action for any evil consequences he may suffer, by reason of the omission to perform a duty not owing to himself. There is, in law, no such privity…

2Cases cited2 opinions

  1. Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
  2. Fitzsimmons v. JoslinSupreme Court of Vermont · 1849

3Cited by52 opinions

  1. Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
  2. Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
  3. Kansas Central Railway Co. v. AllenSupreme Court of Kansas · 1879
  4. Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
  5. Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910

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