Conroy's Admx. v. Nelson
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1911, Eutland County, Taylor, J., presiding. Verdict directed for defendants, and judgment thereon. The plaintiff appealed. The opinion fully states the case. It was the duty of defendants to protect the deceased by inspecting the progress of the work, observing the movement of the head of slate, and warning him when the danger became imminent.
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Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1911, Eutland County, Taylor, J., presiding. Verdict directed for defendants, and judgment thereon. The plaintiff appealed. The opinion fully states the case. It was the duty of defendants to protect the deceased by inspecting the progress of the work, observing the movement of the head of slate, and warning him when the danger became imminent. Marshall v. Dalton Paper Mills, 82 Vt. 489, 499; Doyle v. Melendy, 83 Vt. 339; Severance v. New England Talc Go., 72 Vt. 181; Houston v. Brush, 66 Vt. 331; Smith v. Hecla…
1Opinion of the CourtWatson, J.
At the close of the plaintiff’s opening ease a verdict was ordered in favor of the defendants on the ground that no breach of any legal duty owing by the defendants to the intestate was shown by the evidence. Was this error? is the sole question.
The controlling facts fairly and reasonably within the tendency of the evidence may be stated as follows: The defend- ■ ants, operators of a quarry, were engaged in quarrying and removing slate rock from the pit of their quarry, and manufacturing the same into slate products. The butt of the quarry is on the east, and is a more or less perpendicular…
2Cases cited14 opinions
- Perry v. . RogersNew York Court of Appeals · 1898
- Finalyson v. Utica Mining & Milling Co.Court of Appeals for the Eighth Circuit · 1895
- Fraser v. Red River Lumber Co.Supreme Court of Minnesota · 1891
- Petaja v. Aurora Iron Mining Co.Michigan Supreme Court · 1895
- McGinty v. Athol Reservoir Co.Massachusetts Supreme Judicial Court · 1892
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3Cited by5 opinions
- Landing v. Town of FairleeSupreme Court of Vermont · 1941
- Lassasso v. Jones Bros.Supreme Court of Vermont · 1915
- Barclay v. Wetmore & Morse Granite Co.Supreme Court of Vermont · 1917
- Anderson v. Howe Scale Co.Supreme Court of Vermont · 1916
- Garfield v. Passumpsic Telephone Co.Supreme Court of Vermont · 1917