Bombard v. Newton
Supreme Court of Vermont
Action ok Tort for negligently billing plaintiff’s cows witb an automobile on a public highway. Plea, the general issue. Trial by court in the St. Albans City Court, Franklin County, N. N. Post, City Judge. Judgment for the plaintiff. The defendant excepted. One Church, the plaintiff’s authorized agent, was driving two of plaintiff’s cows from St. Albans to Georgia Center, to the farm of one Lapan, a distance of six miles.
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Action ok Tort for negligently billing plaintiff’s cows witb an automobile on a public highway. Plea, the general issue. Trial by court in the St. Albans City Court, Franklin County, N. N. Post, City Judge. Judgment for the plaintiff. The defendant excepted. One Church, the plaintiff’s authorized agent, was driving two of plaintiff’s cows from St. Albans to Georgia Center, to the farm of one Lapan, a distance of six miles. The cows were started late in the afternoon and at the time, when the accident occurred, at a point in the highway (which is the main highway between Burlington and St:…
1Opinion of the CourtPowers, J.
[1, 2] The plaintiff had as good a right to drive his cows along the highway as the defendant had to drive his automobile over it. Robinson v. Flint, etc., R. Co., 79 Mich. 323, 44 N. W. 779, 19 A. S. R. 174; Smith v. Matteson, 41 Hun. 216. The parties had equal and reciprocal rights to the use of the road, and each owed the other the duty of so exercising his own right as not to interfere with that of the other. Aiken v. Metcalf, 80 Vt. 196, 97 Atl. 669. The fact that it was in the nighttime affected the rights of the parties only as it bore upon the amount of vigilance each was bound to…
2Cases cited7 opinions
- Aiken v. MetcalfSupreme Court of Vermont · 1916
- Ryder v. Vermont Last Block Co.Supreme Court of Vermont · 1917
- Robinson v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1890
- Cross v. Passumpsic Fibre Leather Co.Supreme Court of Vermont · 1916
- Place v. Grand Trunk Railway Co.Supreme Court of Vermont · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
- Lawson v. FordyceSupreme Court of Iowa · 1945
- McAndrews v. LeonardSupreme Court of Vermont · 1926
- Phillips-Buttorff Manufacturing Co. v. McAlexanderCourt of Appeals of Tennessee · 1932
- Elmore v. ThompsonCourt of Appeals of Tennessee · 1931
14 more not listed; retrieve them via the Exa API.