Legal Opinion

Ellsworth v. Brattleboro Retreat

District Court, D. Vermont

Decided November 2, 1946No. 736Published

1Opinion of the Court

LEAMY, District Judge.

Marjorie T. Ellsworth of Northampton, Massachusetts, as the widow of and executrix under the will of Samuel M. Ells-worth, has instituted suit against The Brattleboro Retreat, of Brattleboro, Vermont, to recover for the death of the plaintiff’s testator while the latter was a patient at the defendant institution. The suit is brought for the benefit of herself and her two minor children pursuant to Sections 2859 and 2860 of the Public Laws of Vermont.

The complaint is in two counts, the first sounding in tort and the second in contract.

In Count I after alleging her…

2Cases cited26 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Parks v. Northwestern UniversityIllinois Supreme Court · 1905
  3. Union Pac. Ry. Co. v. ArtistCourt of Appeals for the Eighth Circuit · 1894
  4. Weston's Administratrix v. Hospital of St. VincentSupreme Court of Virginia · 1921
  5. Hearns v. Waterbury HospitalSupreme Court of Connecticut · 1895

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