Delphia v. Rutland Railroad
Supreme Court of Vermont
Case for killing plaintiffs horse which escaped from private land onto defendant’s track. Heard on an agreed statement, at the June Term, 1903, Addison County, Watson, J., presiding. Judgment for the defendant. The plaintiff excepted. The facts sufficiently appear in the opinion. V. S. 3877, as construed by Quimby & Rogrn v. B. & M. R. Co., 71 Vt. 301, fixes the liability of the defendant.
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Case for killing plaintiffs horse which escaped from private land onto defendant’s track. Heard on an agreed statement, at the June Term, 1903, Addison County, Watson, J., presiding. Judgment for the defendant. The plaintiff excepted. The facts sufficiently appear in the opinion. V. S. 3877, as construed by Quimby & Rogrn v. B. & M. R. Co., 71 Vt. 301, fixes the liability of the defendant. See also Hardwood1s AdrnPx v. R. Co., 67 Vt. 664. Statutes upon this subject rest upon the police power. Thorpe v. R. Co., 27 Vt. 1403 Elliott on R., Vol. 3, § 1182. If defendant is liable for injuries to…
1Opinion of the CourtStafford, J.
The Vermont Statutes require a railroad to construct and maintain on the sides of its road a good and sufficient fence (3874), and provides that i.f it fails to do so any person aggrieved may construct it, in which case the selectmen of the town may appraise the value and the railroad shall pay (3875); but declare that the provisions requiring the construction and maintenance of fences shall not apply to a case where the railroad has settled with and paid the land *86owner for building and maintaining them (3876); and if the person so paid for keeping up the fence neglects to. do. so the…
2Cases cited3 opinions
- Harwood's Admx. v. Bennington & Rutland Ry. Co.Supreme Court of Vermont · 1895
- Quimby v. Boston & Maine RailroadSupreme Court of Vermont · 1899
- Smith v. Barre R. R.Supreme Court of Vermont · 1891
3Cited by4 opinions
- Menut v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1910
- Amblo's Admx. v. Vermont Associated Petroleum Corp.Supreme Court of Vermont · 1929
- Brown v. Central Vermont Railway, Inc.Supreme Court of Vermont · 1960
- Deveneau v. WeiltVermont Superior Court · 2014