Legg v. Britton
Supreme Court of Vermont
Action for tbe benefit of tbe widow and next of kin for tbe wrongful act of tbe defendant resulting in tbe deatli of tbe plaintiff’s intestate. Heard at tbe December term, 1890, "Windsor county, upon demurrer to tbe plaintiff’s replication to tbe defendant’s plea in bar. Tbe demurrer was pro forma overruled, and tbe defendant excepted.
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Action for tbe benefit of tbe widow and next of kin for tbe wrongful act of tbe defendant resulting in tbe deatli of tbe plaintiff’s intestate. Heard at tbe December term, 1890, "Windsor county, upon demurrer to tbe plaintiff’s replication to tbe defendant’s plea in bar. Tbe demurrer was pro forma overruled, and tbe defendant excepted. Tbe defendant pleaded in bar that tbe intestate in bis lifetime began suit against tbe defendant for the same neglect which was now alleged by the plaintiff to have occasioned bis death, and deceased while said suit was pending; that thereupon bis administrator…
1Opinion of the Court
The opinion of the court was delivered by
EOSS, Ch. J.
The intestate was injured by the unlawful act or neglect of the defendant. He brought a suit to recover therefor, and pending the suit died, it is claimed from the injury so received. His administrator entered, and prosecuted that suit to final judgment, which has been satisfied. The administrator subsequently brought this action under E. L. 2138, to recover for the widow and next of kin the pecuniary injury resulting to them from the death of the intestate. To this action the defendant has plead in bar the judgment in the suit commenced by…
2Cases cited2 opinions
- Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
- Harding v. Town of TownsendSupreme Court of Vermont · 1871
3Cited by48 opinions
- Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974
- Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Murphy v. Martin Oil Co.Illinois Supreme Court · 1974
- St. Louis S. F. R. Co. v. Goode, Adm'x.Supreme Court of Oklahoma · 1914
- Mooney v. City of ChicagoIllinois Supreme Court · 1909
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