61 Vt. 268 | Vt. | 1888
The opinion of the court was delivered by
The questions in this case arise upon the charge ; the objections made to it are, first, that it “ was misleading, as it placed the statute before the jury, as a means for the protection of passengers, and submittted it to the jury to say whether the ■defendant had fairly done its duty to that end and purpose.”' The court told the jury that the object of requiring cattle-guards-was undoubtedly two-fold, the safety of passengers and the safety of animals straying upon the track, and that these objects must be borne in mind when inquiring whether the defendant had done its duty within the meaning of the statute. We think the purposes and objects of the statute were fairly and fully explained by the court. The safety of passengers and the safety of animals upon the track, were questions so intimately connected that they could not well have been divorced, for the danger to the-former arose directly from the injury to the latter ; the cattleguárd was the means of preventing both, and it was not error to place before the jury thé statute in respect to both ; but admit
Judgment affirmed.