National Metal Edge Box Co. v. Agostini
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the District of Vermont. Action at law by Victor A. Agostini, administrator of Divio France-shetti, against the National Metal Edge Box Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
MANTON, Circuit Judge.
The defendant in error, in his representative capacity as administrator, brought this action under sections 2839, 2840, of the Vermont Public Statutes, to recover for pecuniary loss to the next of kin of the decedent because of his death by drowning. It is claimed his death, on March 22, 1915, was caused through the negligence of the plaintiff in error.
Plaintiff in error owned and maintained a manufacturing plant at Readsboro, Vt. In connection therewith, it owned and maintained an artificial open ditch or canal, which was filled with flowing water and which was made use…
2Cases cited4 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Erie Railroad v. HiltSupreme Court of the United States · 1918
- New York Lubricating Oil Co. v. PuseyCourt of Appeals for the Second Circuit · 1914
3Cited by9 opinions
- Exner v. Sherman Power Const. Co.Court of Appeals for the Second Circuit · 1931
- Irwin Savings & Trust Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1944
- Hancock v. Aiken Mills, Inc.Supreme Court of South Carolina · 1936
- Salt River Valley Water Users' Ass'n v. Compton Ex Rel. ComptonArizona Supreme Court · 1932
- Jones v. ComerSupreme Court of Arkansas · 1964
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