Harris v. Bottum
Supreme Court of Vermont
Case for negligence. Heard on general demurrer to plaintiff’s replication to defendants’ plea of a release of the claim, at the December Term, 1907, Bennington County, Haselton, J., presiding. Demurrer overruled and replication adjudged sufficient. Defendants excepted. Case passed to tbe Supreme Court before final judgment. The opinion states the substance of the pleadings in question.
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Case for negligence. Heard on general demurrer to plaintiff’s replication to defendants’ plea of a release of the claim, at the December Term, 1907, Bennington County, Haselton, J., presiding. Demurrer overruled and replication adjudged sufficient. Defendants excepted. Case passed to tbe Supreme Court before final judgment. The opinion states the substance of the pleadings in question. The danger being as apparent to the plaintiff as to the defendants, the defendants did not, as a matter of law, owe to the plaintiff the duty of warning her as to the danger nor of instructing her as to…
1Opinion of the CourtTyler, J.
Tbe plaintiff alleges in her first count that it was her duty, by tbe terms of her employment and by tbe direction of tbe defendants’ superintendent, to operate tbe machine on the occasion alleged; that she was not a skilled operative; that she did not know it was a dangerous employment; that tbe defendants knew it and should have informed her of it and *350instructed her how to perform her work without danger to herself'; that it was their duty to place guards around the machine which would have protected her from injury.
The negligence complained of was that the defendants did not place a guard…
2Cases cited14 opinions
- Fogg v. BlairSupreme Court of the United States · 1891
- Quinn v. ValiquetteSupreme Court of Vermont · 1908
- Stephenson v. DuncanWisconsin Supreme Court · 1889
- Erdman v. Illinois Steel Co.Wisconsin Supreme Court · 1897
- Brainard v. Van DykeSupreme Court of Vermont · 1899
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3Cited by7 opinions
- Tinney v. CrosbySupreme Court of Vermont · 1941
- Landing v. Town of FairleeSupreme Court of Vermont · 1941
- Morris v. Travelers' Ins.U.S. Circuit Court for the District of Vermont · 1911
- Hartigan v. Deerfield Lumber Co.Supreme Court of Vermont · 1911
- Harris v. BottomSupreme Court of Vermont · 1910
2 more not listed; retrieve them via the Exa API.