Wiley v. Rutland Railroad
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the June Term, 1912, Windsor County, Butler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. Plaintiff was guilty of contributory negligence on her own testimony as to her conduct, which amounted to a judicial admission and is conclusive. Smith v. Boston Elevated By. Go., C. C. A. First Circuit, 184 Fed. 387; Feary v. Metropolitan St. By.
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Case for negligence. Plea, the general issue. Trial by jury at the June Term, 1912, Windsor County, Butler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. Plaintiff was guilty of contributory negligence on her own testimony as to her conduct, which amounted to a judicial admission and is conclusive. Smith v. Boston Elevated By. Go., C. C. A. First Circuit, 184 Fed. 387; Feary v. Metropolitan St. By. Co., 162 Mo. 75; Payne v. Chicago & A. B. Co. (Mo.), 30 S. W. Rep. 148.
1Opinion of the CourtWatson, J.
The plaintiff’s evidence tended to show that she, a passenger on the defendant’s westward train arriving in Ludlow about eight thirty o’clock in the morning, alighted from the train and walked westerly along the station platform to the west end thereof, and then in the same direction along the south side of the track to a point opposite a flight of stone steps, situated on the northerly side of the track leading down the bank to the public street, by which the railroad was there paralleled; that these stone steps are on the land of the railroad company, and with a path across the track and…
2Cases cited45 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Pennsylvania Co. v. MarionIndiana Supreme Court · 1885
- Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
- Kelly v. Manhattan Railway Co.New York Court of Appeals · 1889
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3Cited by14 opinions
- Kanopka v. KanopkaSupreme Court of Connecticut · 1931
- McAndrews v. LeonardSupreme Court of Vermont · 1926
- King v. SpencerSupreme Court of Connecticut · 1932
- A. T. Klemens & Son v. Reber Plumbing & Heating Co.Montana Supreme Court · 1961
- Taylor v. Henderson and SmithSupreme Court of Vermont · 1941
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