Worthington v. Central Vt. R.R.
Supreme Court of Vermont
This was an action on the case for the negligence of the defendant. Plea, the general issue. Trial by jury at the March term, 1890, Rutland county, Munson, J., presiding. Yerdict and judgment for the plaintiff. Exceptions by the defendant. Tlie plaintiff was injured by falling from the platform of one of the defendant’s cars while the train was in motion. The train was an excursion train which had left Rutland on the morning of the accident, and was to run to Burlington.
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This was an action on the case for the negligence of the defendant. Plea, the general issue. Trial by jury at the March term, 1890, Rutland county, Munson, J., presiding. Yerdict and judgment for the plaintiff. Exceptions by the defendant. Tlie plaintiff was injured by falling from the platform of one of the defendant’s cars while the train was in motion. The train was an excursion train which had left Rutland on the morning of the accident, and was to run to Burlington. The accident occurred a few miles beyond Middlebury. The day was pleasant and the excursion was unusually large. The…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
If, as matter of law, it was prima facie
negligence for the plaintiff to be riding on the platform or tlie steps, as shown by the case, and if his riding there contributed to his injury, then the burden was on him to show that 'lie was riding there for ' a reason ' that freed him from the imputation of negligence ; and if the testimony did not tend to show such reason, he had no case for the jury, and the court should have directed a verdict against him.
It is sometimes said that when the facts are conceded or undisputed, the question of…
2Cases cited13 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Indianapolis & St. Louis Railway Co v. WatsonIndiana Supreme Court · 1888
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1920
- Cleveland, Etc., Railway Co. v. MoneyhunIndiana Supreme Court · 1896
- Boyden v. Fitchburg RailroadSupreme Court of Vermont · 1899
- Carter v. Central Vermont RailroadSupreme Court of Vermont · 1900
- Magoon v. Boston & Maine Rd.Supreme Court of Vermont · 1894
16 more not listed; retrieve them via the Exa API.