Legal Opinion

Kiley v. Rutland Railroad

Supreme Court of Vermont

Decided February 3, 1908PublishedCited by 17 opinions

Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1904, Rutland County, Munson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted.

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Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1904, Rutland County, Munson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The car 'that plaintiff was climbing was a Boston & Maine car, and the exceptions state that: ‘ ‘ The defendant gave evidence, which was uncontradicted, that this train of cars was inspected at North Bennington by its inspector, Howley, an inspector of long experience, who went up one side of the train and down the other side, and, among other things, examined the grabirons and ladders by looking them…

1Opinion of the CourtHaselton, J.

This was an action on the case for. negligence. It appeared that the plaintiff was conductor of a local freight train of the defendant which left North Bennington for Rutland, June 3, 1903, in the afternoon. The train, as made up at North Bennington, a terminal point, consisted of some twenty-two or twenty-three cars, counting the caboose and a passenger coach which were at the rear, and the length of the train was not greatly varied, though at different stations cars were set out and others were taken in.' The plaintiff was injured at North Dorset, where a small amount of freight was…

2Cases cited39 opinions

  1. Hough v. Railway Co.Supreme Court of the United States · 1880
  2. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  3. Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
  4. Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
  5. Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894

34 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Perkins v. Vermont Hydro-Electric Corp.Supreme Court of Vermont · 1934
  2. Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
  3. Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
  4. In re Bean's WillSupreme Court of Vermont · 1912
  5. Gero v. John Hancock Mutual Life InsuranceSupreme Court of Vermont · 1941

12 more not listed; retrieve them via the Exa API.

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