Lyndsay v. Connecticut & Passumpsic River Railroad

27 Vt. 643

Opinion

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.