Burnham v. Rutland Railroad
Supreme Court of Vermont
•.. • Case ■ fur ■ negligence. Plea, the general issue. Trial by-jury at the December Term, 1913, Addison County, Waterman, J., presiding. , Verdict directed, pro forma, for the plaintiff, and judgment thereon. The defendant excepted. The opinion states the case.
1Opinion of the CourtPowers, C. J.
This is an action on the case wherein -the plaintiff seeks to recover the value of two horses which were killed by the defendant’s train, at a point on its main line a short distance south of the grade crossing at New ITaven Junction, where the highway from Vergennes to Bristol crosses its tracks. It was agreed that there were no cattle-guards at this crossing, and that the horses were worth $350.
It appears that the plaintiff’s employee, Comstock, had been on a long, .hard drive of -thirty-five miles, with the team on the day of the accident. The roads were very muddy and in bad *35condition.…
2Cases cited6 opinions
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Kilpatrick v. Grand Trunk Railway Co.Supreme Court of Vermont · 1900
- Congdon v. Cen. Vt. R. R.Supreme Court of Vermont · 1883
- Harwood's Admx. v. Bennington & Rutland Ry. Co.Supreme Court of Vermont · 1895
- Mead v. Burlington & Lamoille RailroadSupreme Court of Vermont · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Aldrich v. Boston & Maine RailroadSupreme Court of Vermont · 1917