Pierce v. Whitcomb
Supreme Court of Vermont
Cask. All the material facts are stated in the opinion. At the September Term, 1874, Chittenden County, PiERPOiNT, Ch. J., presiding, the court rendered a pro-forma judgment on the referee’s report for the plaintiff to recover $2500 damages and his costs; to which the defendant excepted.
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Cask. All the material facts are stated in the opinion. At the September Term, 1874, Chittenden County, PiERPOiNT, Ch. J., presiding, the court rendered a pro-forma judgment on the referee’s report for the plaintiff to recover $2500 damages and his costs; to which the defendant excepted. To sustain the action, the plaintiff must establish two propositions ; first, that the defendant was guilty of actionable negligence; second, that the plaintiff was free from any negligence on his own part that contributed to the injury he sustained. On both these points the plaintiff fails. The defendant was…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is an action on the case to recover damages for a severe injury to the plaintiff, occasioned, as the plaintiff claims, by defendant’s actionable negligence. The facts in the case are stated in the referee’s report.
The plaintiff, a farmer, went to the defendant, who owned a large farm in Essex, to buy six bushels of oats, late in the evening. The defendant had no oats that he wished to sell, but by reason of the plaintiff’s importunity and necessities, he consented to sell the plaintiff six bushels. The defendant went some distance to…
2Cases cited3 opinions
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Sawyer v. Rutland & Burlington RailroadSupreme Court of Vermont · 1855
- Weight v. GeerSupreme Court of Vermont · 1834
3Cited by35 opinions
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Samuelson v. Cleveland Iron Mining Co.Michigan Supreme Court · 1882
- Benson v. Baltimore Traction Co.Court of Appeals of Maryland · 1893
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. BinghamOhio Supreme Court · 1876
- Ryan v. TowarMichigan Supreme Court · 1901
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