Eames v. Town of Brattleboro
Supreme Court of Vermont
Action on the case brought by the plaintiff as administrator of Hannah H. Dunklee, deceased, in which he sought to recover for the benefit of the two minor daughters, next of kin, of the deceased, damages claimed to have been sustained by them, by reason of an accident which resulted in the death of the said Hannah H. Plea, not guilty. Trial by jury March Term, 1881, Taft, J., presiding.
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Action on the case brought by the plaintiff as administrator of Hannah H. Dunklee, deceased, in which he sought to recover for the benefit of the two minor daughters, next of kin, of the deceased, damages claimed to have been sustained by them, by reason of an accident which resulted in the death of the said Hannah H. Plea, not guilty. Trial by jury March Term, 1881, Taft, J., presiding. Yerdict for the plaintiff to recover $1633.33. It was agreed that the plaintiff was the legal administrator; that the accident occurred to the said intestate on the 4th day of June, 1879 ; that she died in…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
I. No question is made but that the person injured was “ bereft of her reason.” She died within half an hour of the injury. The defendant claims that notice was required not*475withstanding the proviso to the notice act, which is “That nothing in this section shall be construed to apply to any case where the person injured shall in consequence thereof be bereft of his or her reason.” Acts of 1874, No. 51. We think there is no room for doubt that no notice was required in this case. The language is plain, and the effect of it unmistakable. The “…
2Cases cited1 opinion
- Hill v. Town of New HavenSupreme Court of Vermont · 1865
3Cited by8 opinions
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Hawkins v. SmithSupreme Court of Missouri · 1912
- Lazelle v. Town of NewfaneSupreme Court of Vermont · 1898
- Bigelow v. Town of St. JohnsburySupreme Court of Vermont · 1918
- Hoadley v. International Paper Co.Supreme Court of Vermont · 1899
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