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, 1907, Washington County, Waterman, J., presiding. Verdict and judgment for the plaintiff. The defendants excepted. The opinion states the case. There was a material variance between the declaration and proof as to the place of the accident.
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Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1907, Washington County, Waterman, J., presiding. Verdict and judgment for the plaintiff. The defendants excepted. The opinion states the case. There was a material variance between the declaration and proof as to the place of the accident. The declaration places it between the top of the dump and the quarry; while proof shows that the accident happened on the dump, which is no part of the quarry. Shaw v. Wallace, -25 N. J. L. 453. As was said in Allen v. Goff, 13 Vt. at p. 148: “Matters of description must be…
1Opinion of the CourtPowers, J.
The plaintiff’s intestate, James Fowlie, was killed while in the defendant’s employ. He was, at the time, assisting one MeGranahan in operating a dump-car on the grout pile of the defendant’s quarry. The waste stone was hoisted out of the quarry by steam power, run out over the dump, a distance of several hundred feet, on a blondin, lowered onto the dump-car, run to the edge of the grout pile, and dumped over. Generally speaking, the car was of the type known as the Standard Grout Car. It consisted of a four wheeled truck, on which was mounted a truck-frame of heavy timbers decked over with…
2Cases cited15 opinions
- State v. WardSupreme Court of Vermont · 1888
- Hathaway's Administrator v. National Life InsuranceSupreme Court of Vermont · 1875
- Cram v. CramSupreme Court of Vermont · 1860
- Dunbar v. Central Vermont Railway Co.Supreme Court of Vermont · 1907
- Maughan v. Estate of BurnsSupreme Court of Vermont · 1892
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3Cited by7 opinions
- In re Bean's WillSupreme Court of Vermont · 1912
- Button v. KnightSupreme Court of Vermont · 1921
- Blaisdell v. BlakeSupreme Court of Vermont · 1940
- Fowlie's Admx. v. McDonald, Cutler & Co.Supreme Court of Vermont · 1912
- McCarthy's Admr. v. Village of NorthfieldSupreme Court of Vermont · 1915
2 more not listed; retrieve them via the Exa API.