Legal Opinion

Barber v. Hall

Supreme Court of Vermont

Decided December 15, 1853PublishedCited by 6 opinions

Book Account. The suit originally was brought before a justice of the peace, and came to the county court by appeal, and an auditor was appointed, who reported in substance: That defendants were partners in the construction of a portion of the Vermont Central Railroad in Burlington, that they had in their employ, on their job, a boy, who had been to work for them for wages; and that on or about the second day of May, 1850, while in their service, the boy received a severe…

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Book Account. The suit originally was brought before a justice of the peace, and came to the county court by appeal, and an auditor was appointed, who reported in substance: That defendants were partners in the construction of a portion of the Vermont Central Railroad in Burlington, that they had in their employ, on their job, a boy, who had been to work for them for wages; and that on or about the second day of May, 1850, while in their service, the boy received a severe injury, by being crushed between two dirt cars, in the use of the defendants on their work. That defendants were absent at…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The defendants sent their own agent for the *115plaintiff, and clothed him with authority to employ plaintiff to visit the boy, and though the agent was told to inform the plaintiff that the defendants would pay him for the first visit; yet this the agent for some cause neglected to do, and employed the plaintiff generally to attend the boy, so long as he might need medical aid.

The law is well settled, that if an injury is to result to one man from the omissions or neglect of an agent of another, the principal must be held liable. In this cause…

2Cases cited1 opinion

  1. Executors of Stevens v. HollisterSupreme Court of Vermont · 1846

3Cited by6 opinions

  1. City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
  2. Mundorff v. WickershamSupreme Court of Pennsylvania · 1870
  3. Pratt v. PageSupreme Court of Vermont · 1859
  4. Passumpsic Bank v. GossSupreme Court of Vermont · 1858
  5. Sprague v. TrainSupreme Court of Vermont · 1861

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