Legal Opinion

Domenchini's Administrator v. Hoosac Tunnel & Wilmington Railroad

Supreme Court of Vermont

Decided October 10, 1916PublishedCited by 9 opinions

Action on the case, brought by the plaintiff as administrator, under the Federal Employers’ Liability Act, for the benefit of the next of kin of the deceased. Pleas, the general issue, and special pleas in bar. Heard on demurrer to plaintiff’s replication to the pleas in bar at the September Term, 1915, Windham County, Fish, J., presiding. Demurrer overruled and judgment entered for the plaintiff. The plaintiff excepted.

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Action on the case, brought by the plaintiff as administrator, under the Federal Employers’ Liability Act, for the benefit of the next of kin of the deceased. Pleas, the general issue, and special pleas in bar. Heard on demurrer to plaintiff’s replication to the pleas in bar at the September Term, 1915, Windham County, Fish, J., presiding. Demurrer overruled and judgment entered for the plaintiff. The plaintiff excepted. The question of damages was then submitted to the jury. Verdict and judgment for the plaintiff. The opinion states the case. The appointment of an administrator rests…

1Opinion of the CourtTaylor, J.

Plaintiff brings this action under the Federal Employers’ Liability Act (Act April 22,1908, c. 149, 35 Stat. 65 [U. S. Comp. St. §§8657-8665]), as administrator of the estate of Antonio Domenichini. Plis intestate met with an accident while employed on defendant’s railroad at Whitingham, this State, which resulted in death. The action is brought for the benefit of intestate’s father and mother as next of kin. Defendant pleaded the general issue with special pleas in bar. -Issue was joined on defendant’s demurrer to plaintiff’s replication to the special pleas. The demurrer was overruled and…

2Cases cited12 opinions

  1. Thompson v. WhitmanSupreme Court of the United States · 1874
  2. Tilt v. KelseySupreme Court of the United States · 1907
  3. National Exchange Bank of Tiffin v. WileySupreme Court of the United States · 1904
  4. Balsewicz v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1909
  5. Field v. FieldIllinois Supreme Court · 1905

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

3Cited by9 opinions

  1. Tuells v. FlintMassachusetts Supreme Judicial Court · 1933
  2. In Re Hanrahan's WillSupreme Court of Vermont · 1937
  3. Deyette v. DeyetteSupreme Court of Vermont · 1918
  4. Berry, Admr. v. Rutland Railroad Co.Supreme Court of Vermont · 1931
  5. Wilder v. WilderSupreme Court of Vermont · 1919

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

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