Kilby v. Erwin
Supreme Court of Vermont
Case for negligently setting fires. Plea, the general issue. Trial by jury at the March Term, 1909, Orleans County, Miles, J., presiding. Verdict and judgment for the plaintiff. The ■defendant excepted. The opinion states the case.
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Case for negligently setting fires. Plea, the general issue. Trial by jury at the March Term, 1909, Orleans County, Miles, J., presiding. Verdict and judgment for the plaintiff. The ■defendant excepted. The opinion states the case. A.s to each of the questions submitted by the special verdicts the burden was on plaintiff, and every fact necessary to entitle plaintiff to recover is covered by those verdicts; and where, as here, the special verdicts and the general verdicts are in conflict, the former control, and as the jury were unable to answer them, judgment should have been for defendant.…
1Opinion of the CourtMunson, J.
The defendant is charged with having set fires on his land which he negligently left unattended, and suffered to spread upon and injure the plaintiff’s sugar place. There was evidence tending to show that the damage resulted from one or more of several fires, some of which were set by the de*270fendant, and some by others at work upon his land, whose authority was in dispute.
The court submitted a general verdict, and four special inquiries, which were as follows: (1) Did the defendant kindle the fire which spread to plaintiff’s land and did the burning infquestion? (2) If your answer is “No,”…
2Cases cited20 opinions
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Whitbeck v. New York Central Rail RoadNew York Supreme Court · 1862
- Evans v. . Keystone Gas Co.New York Court of Appeals · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. AyresSupreme Court of Arkansas · 1900
- Achey v. HullMichigan Supreme Court · 1859
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3Cited by5 opinions
- Pion v. BeanSupreme Court of Vermont · 2003
- Dyer v. LalorSupreme Court of Vermont · 1920
- Lavalette v. NoyesSupreme Court of Vermont · 1964
- Chase v. Hoosac Tunnel & Wilmington RailroadSupreme Court of Vermont · 1911
- Sebring v. EllenbogenVermont Superior Court · 2005