Legal Opinion

McLeod v. Conn. & Pass. R. R. R.

Supreme Court of Vermont

Decided May 15, 1886PublishedCited by 25 opinions

Action on the case to recover for injuries claimed to have resulted through the defendant’s alleged neglect to properly maintain a railway crossing across a highway, in accordance with the provisions of the statute law of the Province of Quebec. Heard on demurrer to two new counts, September Term, 1884, Ross, J., presiding. Demurrer overruled, and counts adj udged sufficient.

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Action on the case to recover for injuries claimed to have resulted through the defendant’s alleged neglect to properly maintain a railway crossing across a highway, in accordance with the provisions of the statute law of the Province of Quebec. Heard on demurrer to two new counts, September Term, 1884, Ross, J., presiding. Demurrer overruled, and counts adj udged sufficient. First count: “In a plea of the case” * * * “the Connecticut and Passumpsic Rivers Railroad Company were the managers and operators of a certain railway in the town of Stanstead, in the county of Stanstead, in the…

1Opinion of the Court

The opinion of the court was delivered by

Walker, J.

By this action the plaintiff seeks to recover for personal injuiries alleged to have been sustained by him in the Province of Quebec, through the defendant’s neglect to construct and maintain its railway, at the point where it crosses a public highway in Stanstead, in said *733Province of Quebec, in accordance with the provisions of a certain statute law of said Province.

The defendants demur to the plaintiff’s declaration, and insist, as one cause of demurrer, that the action is local and cannot be maintained in this State, but should have been…

2Cases cited6 opinions

  1. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  2. Holmes v. BroughtonNew York Supreme Court · 1833
  3. Hempstead v. ReedSupreme Court of Connecticut · 1827
  4. Peck v. HibbardSupreme Court of Vermont · 1854
  5. Cady v. SanfordSupreme Court of Vermont · 1881

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

3Cited by25 opinions

  1. Burnham v. Superior Court of Cal., County of MarinSupreme Court of the United States · 1990
  2. Burns v. Grand Rapids & Indiana RailroadIndiana Supreme Court · 1888
  3. Wellman v. MeadSupreme Court of Vermont · 1919
  4. Bank of Commerce v. FuquaMontana Supreme Court · 1891
  5. Hagen v. VineySupreme Court of Florida · 1936

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

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