Ranney v. St. J. & L. C. Rd.
Supreme Court of Vermont
Case for the negligence of the defendant. Heard upon demurrér to plaintiff’s declaration at the December term, 1890, Caledonia county, Powers, J., presiding. Demurrer overruled. The defendant excepts. The plaintiff brought suit as the administrator of Ruth Richards, and his declaration was in two counts.
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Case for the negligence of the defendant. Heard upon demurrér to plaintiff’s declaration at the December term, 1890, Caledonia county, Powers, J., presiding. Demurrer overruled. The defendant excepts. The plaintiff brought suit as the administrator of Ruth Richards, and his declaration was in two counts. The first count alleged that the intestate was injured by the negligence of the-defendant and in consequence thereof suffered much pain and; was put to much expense for the space of twenty-four hours, at. the expiration of which time she died of the wounds so inflicted. The second count…
1Opinion of the Court
The opinion of the court was delivered by
TAFT, J.
It is insisted that there is a misjoinder of counts. There is no practical reason why the counts may not be joined in one declaration. The causes of action in their own character are the same; are in respect of the same alleged negligent acts of the defendant; they admit of the same general plea, are supported by the same evidence save on the question of damages, require the same judgment, and must be enforced in the name of the same party, the personal representative of the deceased. It is said, Gould’s PL c. 4. s. 93, that distinct causes of…
2Cited by8 opinions
- Brennan v. Standard Oil Co. of New YorkMassachusetts Supreme Judicial Court · 1905
- Woodcock's Admr. v. HallockSupreme Court of Vermont · 1925
- Giguere, Admr. v. RosselotSupreme Court of Vermont · 1939
- McDuffee's Admx. v. Boston & Maine RailroadSupreme Court of Vermont · 1908
- Nemecek v. Filer & Stowell Co.Wisconsin Supreme Court · 1905
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