Needham v. Boston & Maine Railroad
Supreme Court of Vermont
Case for damages caused by alleged negligent delay of two shipments of live stock over defendant’s railroad between Bellows Falls and Union Market, near Boston, Mass. Plea, the general issue. Trial by jury at the June Term, 1908, Addison County, Poiuers, J., presiding. Verdict for defendant as to the shipment of November 19, 1906, and for plaintiff as to the shipment of May 13, 1907, and judgment thereon.
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Case for damages caused by alleged negligent delay of two shipments of live stock over defendant’s railroad between Bellows Falls and Union Market, near Boston, Mass. Plea, the general issue. Trial by jury at the June Term, 1908, Addison County, Poiuers, J., presiding. Verdict for defendant as to the shipment of November 19, 1906, and for plaintiff as to the shipment of May 13, 1907, and judgment thereon. The defendant excepted. • ■ The shipment of May 13, 1907, was of 26 milch cows and 37 calves, which were shipped in a stock train from North Ferrisburg, Vergennes, and New Haven, stations on…
1Opinion of the CourtWatson, J.
No claim for damages is based upon any alleged negligence of the Rutland Railroad Company, the initial carrier, nor is any recovery sought against it. Hence no notice to that company of the plaintiff’s claim was required by the contract under which the shipment was made, and a refusal of the request to charge that the plaintiff was bound to furnish both that company and the defendant a statement of his claim in writing verified by his affidavit within five days from the time the stock was removed from the ears was not error. Nor was the charge given on the subject-matter of that request…
2Cases cited3 opinions
- Winn v. Village of RutlandSupreme Court of Vermont · 1880
- State v. SargoodSupreme Court of Vermont · 1904
- Weeks v. Town of LyndonSupreme Court of Vermont · 1881
3Cited by8 opinions
- State v. AverillSupreme Court of Vermont · 1911
- Usher v. SeveranceSupreme Court of Vermont · 1913
- State v. ShawSupreme Court of Vermont · 1915
- Van Dyke v. Grand Trunk Railway Co.Supreme Court of Vermont · 1911
- Vermont Box Co. v. HanksSupreme Court of Vermont · 1917
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