Lyndsay v. Connecticut & Passumpsic River Railroad

Supreme Court of Vermont
Lyndsay v. Connecticut & Passumpsic River Railroad, 27 Vt. 643 (Vt. 1855)
Bennett

Lyndsay v. Connecticut & Passumpsic River Railroad

Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

In the present case, there is no evidence that the plaintiff’s oxen were upon the track of the railroad, through the fault or neglect of the railroad company, and no evidence that the railroad company were wanting in care at the time they were killed. These are not to be presumed without some evidence.

Judgment affirmed.

Reference

Full Case Name
Peter Lyndsay v. Connecticut and Passumpsic River Railroad Company, Apt.
Cited By
3 cases
Status
Published
Syllabus
Negligence and want of care not to be presumed without any evidence.