Legal Opinion

Harrington v. Rutland Railroad

Supreme Court of Vermont

Decided May 15, 1915PublishedCited by 24 opinions

Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1913, Rutland County, Fish, J., presiding. At the close of all the evidence, the defendant moved for a directed verdict on the .grounds stated in the opinion. Motion denied, to which defendant excepted. General verdict for the plaintiff and the special verdict recited in the opinion.

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Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1913, Rutland County, Fish, J., presiding. At the close of all the evidence, the defendant moved for a directed verdict on the .grounds stated in the opinion. Motion denied, to which defendant excepted. General verdict for the plaintiff and the special verdict recited in the opinion. After return of the verdicts defendant filed the motions recited in the opinion, which were denied and judgment rendered for the plaintiff on the general verdict, to all of which the defendant excepted. The opinion states the case.

1Opinion of the CourtTaylor, J.

The plaintiff was injured at the Park Street grade crossing of the Rutland Railroad in the city of Rutland on July 23, 1912, about 10:20 o ’clock in the forenoon. The crossing in question is at the northwest corner of the Rutland Fair Ground. The Bennington Branch of the defendant’s railroad crosses Park Street nearly at right angles. The railroad at that point is a straight line running practically north and south and to the south of the crossing is a straight line for about four miles. The railroad ascends a slight grade as it approaches the crossing from the south. Park Street in the…

2Cases cited16 opinions

  1. Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
  2. Chicago & Eastern Illinois Railway Co. v. HedgesIndiana Supreme Court · 1889
  3. Indiana Union Traction Co. v. ScribnerIndiana Court of Appeals · 1911
  4. Carter v. Central Vermont RailroadSupreme Court of Vermont · 1900
  5. Trow v. ThomasSupreme Court of Vermont · 1898

11 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Johnson v. Hardware Mutual Casualty Co.Supreme Court of Vermont · 1938
  2. Lindquist v. ThiermanSupreme Court of Iowa · 1933
  3. Steele v. FullerSupreme Court of Vermont · 1932
  4. Wentworth v. Town of WaterburySupreme Court of Vermont · 1916
  5. Goodwin, Admx. v. GastonSupreme Court of Vermont · 1931

19 more not listed; retrieve them via the Exa API.

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