Legal Opinion

Morris v. Trudo

Supreme Court of Vermont

Decided November 12, 1909PublishedCited by 25 opinions

Case for negligence. Plea, the general issue. Trial by jury at the December Term, 1909, Addison County, Stanton, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion states the case. The driver was defendant’s servant, in his employ, subject to his orders, and not under the control of the city foreman as regards the management of the team; hence, defendant is liable for injuries resulting from that servant’s negligent driving.

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Case for negligence. Plea, the general issue. Trial by jury at the December Term, 1909, Addison County, Stanton, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion states the case. The driver was defendant’s servant, in his employ, subject to his orders, and not under the control of the city foreman as regards the management of the team; hence, defendant is liable for injuries resulting from that servant’s negligent driving. Murray v. Dwight, 161 N. Y. 301, 55 N. B. 901; The Slingsby, 120 Fed. 748, 57 C. C. A. 52; Huff v. Ford, 126 Mass. 24; Brennan v.…

1Opinion of the CourtHaselton, J.

This was an action on the case to recover damages for injuries which the plaintiff received July 3, 1907. The injuries to the plaintiff resulted from his falling from the defendant’s wagon, which at the time was driven by Charles Trudo, a brother of Andrew Trudo, the defendant, and the action is based on the claim that the fall resulted from the negligent driving of Charles as the servant of the defendant his brother.

At the time of the accident the City of Vergennes was carrying on work on its streets and sidewalks. This work was under the supervision of one Henry Lavalley who was then acting…

2Cases cited6 opinions

  1. Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
  2. Joslin v. Grand Rapids Ice Co.Michigan Supreme Court · 1883
  3. Huff v. FordMassachusetts Supreme Judicial Court · 1878
  4. Reagan v. CaseyMassachusetts Supreme Judicial Court · 1894
  5. Bailey v. Troy & Boston R. R.Supreme Court of Vermont · 1884

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3Cited by25 opinions

  1. Billing v. Southern Pacific Co.California Supreme Court · 1922
  2. Densby v. BartlettIllinois Supreme Court · 1925
  3. Norton v. Day Coal Co.Supreme Court of Iowa · 1920
  4. O'Brien v. RindskopfSupreme Court of Missouri · 1934
  5. Rice v. Bennington County Savings BankSupreme Court of Vermont · 1920

20 more not listed; retrieve them via the Exa API.

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