Jerome v. Smith
Supreme Court of Vermont
Case for ejecting plaintiff from defendants’ cars. Pleas, the general issue and a special plea in bar. Trial by jury, April Term, 1875, Royce, J., presiding. Defendants, as receivers and managers, were operating the Vermont Central and the Vermont & Canada Rail Roads. Plaintiff bought a ticket of defendants’ agent at Worcester, Mass., from Worcester to Montreal, that read, “ Good for one first-class passage only on presentation of this ticket with checks attached.”
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Case for ejecting plaintiff from defendants’ cars. Pleas, the general issue and a special plea in bar. Trial by jury, April Term, 1875, Royce, J., presiding. Defendants, as receivers and managers, were operating the Vermont Central and the Vermont & Canada Rail Roads. Plaintiff bought a ticket of defendants’ agent at Worcester, Mass., from Worcester to Montreal, that read, “ Good for one first-class passage only on presentation of this ticket with checks attached.” Three checks were attached to the ticket; one from Worcester to White River Junction, Vt., a point on the Vermont Central; one…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
Question has been made about the admission of some of the evidence, because not covered by the notice of defence. But this is an action of trespass on the special case, and not vi et armis, and in this form of action anything is admissible in evidence, without plea or notice, that would show that the defendants were not guilty of anything actionable in respect to the matters charged in the declaration, although if the action was in the other form, it might have been necessary to plead the same matters specially. Such matters, if material at…
2Cases cited7 opinions
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Earl v. TupperSupreme Court of Vermont · 1873
- Pittsburg, Cincinnati, & St. Louis Railway Co. v. HennighIndiana Supreme Court · 1872
- Hamilton v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
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3Cited by16 opinions
- Gambrill v. SchooleyCourt of Appeals of Maryland · 1901
- Carson v. SmithSupreme Court of Missouri · 1896
- Peabody v. O. R. & N. Co.Oregon Supreme Court · 1891
- Wells v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Callaway v. MellettIndiana Court of Appeals · 1896
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