Hoskinson v. Central Vt. Rd.
Supreme Court of Vermont
Case to recover the value of certain property alleged to. have been destroyed by fire communicated from the locomotive engines of the defendant. Plea, the general issue. Trial by jury at the March term, 1892, Rutland county, Ross, C. J., presiding. Verdict and judgment for the plaintiff. The plaintiff claimed to recover for the destruction of his house, barns and their contents.
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Case to recover the value of certain property alleged to. have been destroyed by fire communicated from the locomotive engines of the defendant. Plea, the general issue. Trial by jury at the March term, 1892, Rutland county, Ross, C. J., presiding. Verdict and judgment for the plaintiff. The plaintiff claimed to recover for the destruction of his house, barns and their contents. There was no direct evidence as to how the fire originated, but the testimony of the plaintiff tended to show that soon after the passage of one of the defendant’s freight-trains, fire was discovered in the gable end…
1Opinion of the CourtMunson, J.
In actions to recover damages for the in*623jury or destruction of personal property no greater certainty in description is required, than the nature of the articles will conveniently admit of. Gould, ch. 4, s. 33. But it is generally necessary to state the quantity or number of the goods in respect of which the loss is alleged to have been sustained. Gould, ch. 4, s. 35; 1 Chit. Plead., 377. It is said, however, that even this may be dispensed with when the subject matter of the suit embraces a multiplicity of particulars. Gould, ch. 4, s. 36. In the section last cited there is the following…
2Cases cited6 opinions
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Kent v. Town of LincolnSupreme Court of Vermont · 1860
- State v. FlintSupreme Court of Vermont · 1888
- Walker v. Town of WestfieldSupreme Court of Vermont · 1867
- Wetherby v. FosterSupreme Court of Vermont · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Smith v. Central Vermont Railway Co.Supreme Court of Vermont · 1907
- Big River Lead Co. v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1907
- Russell v. Chicago, Milwaukee & Saint Paul Railway Co.Supreme Court of Iowa · 1923
- Louisville & Nashville Railroad v. BrewerCourt of Appeals of Kentucky · 1916
4 more not listed; retrieve them via the Exa API.