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LAPHAM MOTORS v. RUTLAND RAILWAY CORP.

No. 315.

128 A.2d 320 (1957)

LAPHAM MOTORS, Inc., v. RUTLAND RAILWAY CORP. and Raymond W. Payette.

Supreme Court of Vermont. Chittenden.

January 2, 1957.

Attorney(s) appearing for the Case

Edmunds, Austin & Wick, Burlington, for plaintiff.

Edwin W. Lawrence, Rutland, for Rutland Railway.

Black, Wilson, Coffrin & Hoff, Burlington, for Payette.

Before JEFFORDS, C. J., and CLEARY, ADAMS, HULBURD and HOLDEN, JJ.

CLEARY, Justice.

This is an action of tort for damages resulting from the alleged negligence of the defendants when an automobile, owned by the plaintiff and driven by the defendant Payette, was struck by a train operated by the defendant Rutland Railway Corp. Each of the defendants filed a plea of nul tiel corporation, to which pleas the plaintiff demurred, and the demurrer was sustained. The defendants were granted leave to replead. They then filed amended pleas...

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