Fowlie's Admx. v. McDonald, Cutler & Co.
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1909, Washington County, Waterman, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. This case has been once before in the Supreme Court, 82 Vt. 230; and the opinion there should be read for a statement of the case.
Read the full summary
Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1909, Washington County, Waterman, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. This case has been once before in the Supreme Court, 82 Vt. 230; and the opinion there should be read for a statement of the case. Plaintiff claimed that defendants have no available exception to the admission of the testimony referred to in the opinion, in view of what occurred when that testimony was received, which was as follows: Plaintiff called one McGrannahan as a witness and, on direct…
1Opinion of the CourtMunson, J.
The plaintiff’s intestate was killed while -engaged with one McGrannahan in operating a dump car on the defendants’ quarry. One matter in issue was whether the deceased was so wanting in experience and skill that he was entitled to instructions. It appears that the work of these men *442included the handling of blocks of granite of irregular shape-weighing several tons.
The plaintiff called McGrannahan, and inquired of him. under exception, “You may describe what you saw about Fowlie as to the way in which he did his work? ” and the witness replied, “Well, when we chained a stone he would go round…
2Cases cited2 opinions
- Quinn's Adm'rs v. HalbertSupreme Court of Vermont · 1884
- Fowlie's Admx. v. McDonald, Cutler & Co.Supreme Court of Vermont · 1909
3Cited by4 opinions
- Rose v. MagroSupreme Court of Alabama · 1929
- In re DexterSupreme Court of Vermont · 1919
- State v. TurleySupreme Court of Vermont · 1913
- Cheryl J. Brown v. State of VermontSupreme Court of Vermont · 2018