Barclay v. Wetmore & Morse Granite Co.
Supreme Court of Vermont
Action ok Tort for negligence. Plea, the general issue. Upon trial the plaintiff waived the second count of his declaration and claimed to recover solely upon the first count. Trial by jury -at the March Term, 1918, Washington County, Fish, J., presiding. Verdict for the plaintiff to recover $11,000 damages. Judgment on the verdict. The defendant excepted. The opinion states the case.
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Action ok Tort for negligence. Plea, the general issue. Upon trial the plaintiff waived the second count of his declaration and claimed to recover solely upon the first count. Trial by jury -at the March Term, 1918, Washington County, Fish, J., presiding. Verdict for the plaintiff to recover $11,000 damages. Judgment on the verdict. The defendant excepted. The opinion states the case. Mortality tables are recognized as proper evidence in cases of death or permanent disability to show the probable duration of life or period of permanent disability, as the ease may be. Donaldson v. Mississippi…
1Opinion of the CourtTaylor, J.
This case has once before been here on exceptions. On the record then presented the defendant had been found liable under both counts of the declaration, one charging-negligence in failing to provide the plaintiff a safe working place, and the other, in employing an incompetent foreman to superintend the work. It was then held that the question of the defendant’s negligence under the first count and of the plaintiff’s freedom from contributory negligence were, as the evidence then stood, for the jury; but that the court erred in submitting the case on the second count, which required’ a…
2Cases cited14 opinions
- French v. WheldonSupreme Court of Vermont · 1916
- Mims v. JonesSupreme Court of Georgia · 1910
- Bartlow v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1909
- Carleton v. E. & T. Fairbanks & Co.Supreme Court of Vermont · 1915
- Hopkins v. Sargent's EstateSupreme Court of Vermont · 1914
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Perkins v. Vermont Hydro-Electric Corp.Supreme Court of Vermont · 1934
- McAllister v. BenjaminSupreme Court of Vermont · 1923
- State v. HuntSupreme Court of Vermont · 1988
- Morris v. E. I. DuPont De Nemours & Co.Supreme Court of Missouri · 1940
- Coty v. Ramsey Associates, Inc.Supreme Court of Vermont · 1990
20 more not listed; retrieve them via the Exa API.