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LAMOILLE GRAIN CO. v. ST. JOHNSBURY, ETC.

No. 294-75.

369 A.2d 1389 (1976)

LAMOILLE GRAIN COMPANY, INC. v. ST. JOHNSBURY AND LAMOILLE COUNTY RAILROAD.

Supreme Court of Vermont.

December 21, 1976.

Attorney(s) appearing for the Case

James C. Gallagher of Downs, Rachlin & Martin, St. Johnsbury, for plaintiff.

Sargent & White, Morrisville, for defendant.

Before BARNEY, C. J., DALEY, LARROW and BILLINGS, JJ., and SHANGRAW, C. J. (Ret.), Specially Assigned.

BARNEY, Chief Justice.

A railroad car of the defendant went off the end of a siding track and knocked over several grain storage bins that the plaintiff grain company maintained there on land leased from the railroad. The grain had to be sold in bulk to salvage any value, and there was evidence of damage and loss to the extent of more than twelve thousand dollars.

The railroad claimed it was not liable because the...

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