Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont: Reported by the Judges of Said Court, Agreeably to a Statute Law of the State, Volume 92 |
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Common terms and phrases
accident accord and satisfaction action admissible Admr adverse possession affidavit agent alleged amended answer appears asked assumpsit Bank Bennington County bill of lading Caledonia County carrier cause chancellor charge Chittenden County circumstances claim contract counsel county court cross bill damages decree deed defendant excepted defendant's demurrer directed verdict discretion duty error evidence tended fact fendant finding granted ground guilty HASELTON held injury issue Johnsbury judgment land liability matter ment MILES mortgage motion negligence notice objection Opinion filed overruled party person petition plaintiff Plea premises question reason receipt record recover referred remanded request respondent respondent's reversible error rule Rutland Smith statute sufficient suit supra taken TAYLOR tended to show testator testified testimony therein thereof tiff tion town Trial by jury trial court trustees verdict Vermont WATSON wife Windsor County witness
Popular passages
Page 254 - ... That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it or by any common carrier, railroad, or transportation company to which such property may be delivered or over whose line or lines such property may pass, and no contract, receipt, rule,...
Page 150 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 471 - State, exerted within the limits of those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions...
Page 52 - I would hesitate to hold that even as a matter of probability the defendant was under the influence of intoxicating liquor at the time of the collision to the extent prohibited by the statutory condition.
Page 252 - The amount of any loss or damage for which any carrier is liable shall be computed on the basis of the value of the property (being the bona-fide invoice price, if any, to the consignee, including the freight charges, if prepaid) at the place and time of shipment...
Page 209 - That any husband who shall, without just cause, desert or wilfully neglect or refuse to provide for the support and maintenance of his wife in destitute or necessitous circumstances...
Page 311 - ... agent shall be entirely at risk of owner after unloaded from cars or vessels or until loaded into cars or vessels, and...
Page 255 - The liability thus imposed is limited to "any loss, injury or damage caused by it or a succeeding carrier to whom the property may be delivered," and plainly implies a liability for some default in its common law duty as a common carrier.
Page 63 - This testimony was objected to by the defendant, but the objection was overruled and the testimony admitted, as the court said, for the purpose of showing " that the city had knowledge of the dangerous condition of the bank.
Page 255 - Reduced to the final results, the Congress has said that a receiving carrier, in spite of any stipulation to the contrary, shall be deemed, when it receives property in one State, to be transported to a point in another involving the use of a connecting carrier for some part of the way, to have adopted such other carrier as its agent, and to incur carrier liability throughout the entire route, with the right to reimbursement for a loss not due to his own negligence.