STARR'S TR., INC. v. ST. JOHNSBURY & LAMOILLE COUNTY R.

No. 980.

189 A.2d 525 (1963)

STARR'S TRANSPORTATION, INC. v. ST. JOHNSBURY & LAMOILLE COUNTY RAILROAD.

Supreme Court of Vermont. Orleans.

March 6, 1963.


Attorney(s) appearing for the Case

Fitts & Olson, Brattleboro, for plaintiff.

Downs & Rachlin, St. Johnsbury, for defendants.

Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.


BARNEY, Justice.

A little after nine o'clock on the morning of March 4, 1961, Floyd Brown was driving a tractor-trailer truck loaded with sixteen tons of lime through Sheldon Junction when he collided with a freight train at a railroad crossing. The truck was owned by the plaintiff and the train was being operated by the defendant over its own tracks. The highway was macadam surfaced and dry; it was daylight and visibility was normal. In attempting to avoid the collision...

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