Carter v. Central Vermont Railroad
Supreme Court of Vermont
Case for personal injuries received by the plaintiff from a moving train while he was crossing the defendant’s railroad track at grade at a highway crossing in Bethel. Plea, the general issue. Trial by jury, Caledonia County, June Term, 1897 Rowell, J., presiding. Yerdict for tbe defendant directed on motion. Judgment on verdict. The plaintiff excepted.
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Case for personal injuries received by the plaintiff from a moving train while he was crossing the defendant’s railroad track at grade at a highway crossing in Bethel. Plea, the general issue. Trial by jury, Caledonia County, June Term, 1897 Rowell, J., presiding. Yerdict for tbe defendant directed on motion. Judgment on verdict. The plaintiff excepted. There was no evidence tending to show that the defendant did not do what it could to avoid disaster after it discovered the plaintiff in a position of peril. The case was twice argued before the Supreme Court.
1Opinion of the CourtTyler, J.
At the close of the plaintiff’s testimony, the defendant moved the court to direct a verdict for the defendant for that it appeared that the plaintiff was guilty of contributory negligence in approaching and driving upon the railroad track with too great speed, and in not using his eyes and ears with vigilance to discover and avoid the approaching train. The court granted the motion and directed a verdict and judgment for the defendant, which direction the plaintiff claims was error.
There being no conflict in the testimony in respect to the facts and circumstances attending the occurrence of…
2Cases cited26 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Texas & Pacific Railway Co. v. CodySupreme Court of the United States · 1897
- Baltimore & Ohio Railroad v. GriffithSupreme Court of the United States · 1895
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
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3Cited by21 opinions
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1920
- French v. Grand Trunk Railway Co.Supreme Court of Vermont · 1904
- Harrington v. Rutland RailroadSupreme Court of Vermont · 1915
- Waldron v. Boston & Maine RailroadSupreme Court of New Hampshire · 1902
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