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LAPHAM MOTORS v. RUTLAND RAILWAY CORP.

No. 324.

146 A.2d 242 (1958)

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

Supreme Court of Vermont. Chittenden.

November 5, 1958.

Attorney(s) appearing for the Case

Edmunds, Austin & Wick, Burlington, for plaintiff.

Edwin W. Lawrence, Rutland, Black, Wilson, Coffrin & Hoff, Burlington, for defendant.

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

HULBURD, Justice.

This is an action of tort brought in the name of Lapham Motors, Inc., by a writ dated June 22, 1954 in which recovery is sought for damages to an automobile belonging to the plaintiff which was struck by a train of the defendant railway corporation on August 12, 1951. The car at the time was being operated by defendant Payette. Each of the defendants filed a plea of Nul Tiel Corporation.

To this plea, a demurrer by the plaintiff was...

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