Benson v. Crain
Supreme Court of Vermont
Action in tort for negligence. Heard on plaintiff’s motion to cite in the éxecntor of the estate of defendant Crain, who had died while the suit was pending, and on defendant’s motion to have the cause discontinued as to defendant Crain, by the appointment of commissioners upon his estate', at the April Term, 1916, Windham County, Miles, J., presiding. The court, as matter of law, granted plaintiff’s motion and overruled defendants’ motion. Defendants excepted.
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Action in tort for negligence. Heard on plaintiff’s motion to cite in the éxecntor of the estate of defendant Crain, who had died while the suit was pending, and on defendant’s motion to have the cause discontinued as to defendant Crain, by the appointment of commissioners upon his estate', at the April Term, 1916, Windham County, Miles, J., presiding. The court, as matter of law, granted plaintiff’s motion and overruled defendants’ motion. Defendants excepted. The opinion states the cáse.
1Opinion of the CourtTaylor, J.
The action is tort for the recovery of damages on account of the alleged negligence of defendants who were employed as surgeons to set and treat plaintiff’s broken leg. The writ issued July 8, 1915, and was served on defendant Crain July 17, 1915, and duly entered in court. General appearance for both defendants was.entered by counsel and the cause was *46continued at the following September Term on defendants’ motion. Defendant Crain died in October, 1915, his executor was commissioned and qualified and commissioners were appointed upon his estate November 11, 1915. Immediately thereafter…
2Cases cited5 opinions
- Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
- Boor v. LowreyIndiana Supreme Court · 1885
- Administrator of Whitcomb v. CookSupreme Court of Vermont · 1866
- Newton v. HigginsSupreme Court of Vermont · 1829
- Herring v. SeldenSupreme Court of Vermont · 1826