Sawyer v. Rutland & Burlington Railroad
Supreme Court of Vermont
Variance. Obligations and liabilities of railroad companies. Action on the case. Tlie declaration set up tlie corporate existence of the defendants, and the construction and use by them of a railroad through the town of Rutland; tlie corporate existence of the Rutland and Washington Railroad Company, and the construction and use by them of a railroad from a point at Mill Village, so called, in the town of Rutland, to Castleton and Poultney, and averred that heretofore, to…
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Variance. Obligations and liabilities of railroad companies. Action on the case. Tlie declaration set up tlie corporate existence of the defendants, and the construction and use by them of a railroad through the town of Rutland; tlie corporate existence of the Rutland and Washington Railroad Company, and the construction and use by them of a railroad from a point at Mill Village, so called, in the town of Rutland, to Castleton and Poultney, and averred that heretofore, to wit, on the first day of November, A. “ D. 1851, at Rutland aforesaid, the defendants and the said Rut- “ land &…
1Opinion of the Court
The opinion of the court was delivered, at the circuit session, in September, by
Isham, J.
We perceive no objections to the plaintiff’s recovery in this case on the ground of variance, and we think the defendants-are directly liable to the plaintiff for the injury he has sustained-The gist of this action does not arise from any contract between the; parties, but from the non-observance of a duty imposed by Iaw.Tn such case, it is necessary to state in the declaration the facts from which the law creates the duty, the non-observance of which is the ground of complaint. The material averments…
2Cases cited3 opinions
- Nelson v. Vermont & Canada RailroadSupreme Court of Vermont · 1854
- White River Turnpike Co. v. Vermont Central Rail RoadSupreme Court of Vermont · 1849
- Weight v. GeerSupreme Court of Vermont · 1834
3Cited by24 opinions
- McDonald v. Chicago & N. W. R. R.Supreme Court of Iowa · 1868
- Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. GossettIndiana Supreme Court · 1909
- Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
- Chicago Terminal Transfer Railroad v. VandenbergIndiana Supreme Court · 1905
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