Dodge Bros. v. Central Vermont Railway Co.
Supreme Court of Vermont
Case for Negligence. Plea, tbe general issue. Trial by jury at tbe September Term, 1917, Washington County, Slack, J., presiding. Verdict and judgment for the plaintiffs. Tbe defendant excepted.
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Case for Negligence. Plea, tbe general issue. Trial by jury at tbe September Term, 1917, Washington County, Slack, J., presiding. Verdict and judgment for the plaintiffs. Tbe defendant excepted. The negligence complained of was that tbe defendant neglected to construct and maintain a gate sufficient “to keep said colts or horses from entering upon the right of way of the defendent, in that the latch of said gate, whereby it was hooked and closed, was fastened to the pasture side of said gate and was loose. ’ ’ The opinion states the other facts in the case. When the evidence is equally…
1Opinion of the CourtPowers, J.
During the night of September 30, 1915, five colts belonging to the plaintiffs escaped from the pasture adjoining the defendant’s railroad by passing through an open gate onto the track, and were there killed by the defendant’s train. It was conceded below that the value of the colts was $700, and after the trial a plaintiff’s verdict for that amount was returned. At the close of the evidence, the defendant moved for a verdict on the grounds: (1) That there was no evidence in the case tending to show that any faulty construction of the gate or its appurtenances was the proximate cause of the…
2Cases cited6 opinions
- Smith v. Central Vermont Railway Co.Supreme Court of Vermont · 1907
- Adams v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1891
- Seeley v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
- Davis v. Central Vermont Railway Co.Supreme Court of Vermont · 1915
- Swanson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Healy, Admr. v. MooreSupreme Court of Vermont · 1936
- Barber v. ChaseSupreme Court of Vermont · 1928
- Langevin v. GilmanSupreme Court of Vermont · 1960
- Prouty v. Pellett & SkinnerSupreme Court of Vermont · 1922
- Milligan, Admr. v. ClogstonSupreme Court of Vermont · 1927
1 more not listed; retrieve them via the Exa API.