Benedict v. Union Agricultural Society
Supreme Court of Vermont
Case for personal injuries. Plea, the general issue. Trial by jury at the December Term, 1899, Windsor County, Tyler, J., presiding. Verdict and judgment thereon for the plaintiff. The defendant excepted.’ The testimony of the expert, McIntyre, was inadmissible. His statement as to -the position to be assumed to get the greatest speed on a bicycle, was based upon a special racing machine. There was no evidence that the plaintiff rode such a machine.
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Case for personal injuries. Plea, the general issue. Trial by jury at the December Term, 1899, Windsor County, Tyler, J., presiding. Verdict and judgment thereon for the plaintiff. The defendant excepted.’ The testimony of the expert, McIntyre, was inadmissible. His statement as to -the position to be assumed to get the greatest speed on a bicycle, was based upon a special racing machine. There was no evidence that the plaintiff rode such a machine. The materiality of this testimony depended upon a fact not in proof. State v. Totten, 72 Vt. 73; 61 Mich. 252; Railroad Co.'y. Baxter, 32 Vt.…
1Opinion of the CourtWatson, J.
The defendant is an unincorporated society, and conducted the World’s Fair, so-called, at Tunbridge, in the fall of 1897. The society’s posters announcing the fair, advertised for Thursday, September 30th, a race with bicycles, one mile, best two in three, for prizes, and that each rider would be required to pay one dollar for competing therefor, with five olr more to compete.
*95The plaintiff, Jones, McDonald, and two others entered the race. Jones won the first two heats and the first prize.
In the first heat, McDonald was second under the wire, and the plaintiff third. In the second heat, the…
Also in this document: Dissent.
2Cases cited19 opinions
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Gillespie v. PalmerWisconsin Supreme Court · 1866
- Russell v. Town of MonroeSupreme Court of North Carolina · 1895
- City of Lafayette v. NagleIndiana Supreme Court · 1888
- Simonds v. City of BarabooWisconsin Supreme Court · 1896
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3Cited by12 opinions
- Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
- McAndrews v. LeonardSupreme Court of Vermont · 1926
- Aiken v. MetcalfSupreme Court of Vermont · 1916
- Killary v. Burlington-Lake Champlain Chamber of Commerce, Inc.Supreme Court of Vermont · 1962
- Lee v. DonnellySupreme Court of Vermont · 1921
7 more not listed; retrieve them via the Exa API.