WELLS v. VILLAGE OF ORLEANS, INC.

No. 98-73.

315 A.2d 463 (1974)

Arthur WELLS v. VILLAGE OF ORLEANS, INC.

Supreme Court of Vermont, Orleans.

February 5, 1974.


Attorney(s) appearing for the Case

Downs, Rachlin & Martin, St. Johnsbury, for plaintiff.

May & Davies, Barton, for defendant.

Before SHANGRAW, C. J., and BARNEY, SMITH, KEYSER and DALEY, JJ.


KEYSER, Justice.

The plaintiff, while employed as an independent contractor by the defendant on December 30, 1968, to plow and remove snow from its streets, had his tractor equipment destroyed. The right rear wheel of the tractor dropped into a catch basin while working near the tracks of the Canadian Pacific Railway tracks. Shortly, a train ran down the tractor before it could be extricated causing it to be completely destroyed.

Plaintiff brought an action...

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