Cross v. Passumpsic Fibre Leather Co.
Supreme Court of Vermont
Case for Negligence. Plea, the general issue. Trial by jury at the December Term, 1913, Caledonia County, Fish, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. When a servant has the choice of two routes, one dangerous and the other safe, and he voluntarily chooses the dangerous way, he is guilty of contributory negligence and the defendant is not liable.
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Case for Negligence. Plea, the general issue. Trial by jury at the December Term, 1913, Caledonia County, Fish, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. When a servant has the choice of two routes, one dangerous and the other safe, and he voluntarily chooses the dangerous way, he is guilty of contributory negligence and the defendant is not liable. Smoot & Sons Go., Inc. v. Johnson, 76 S. E. 911; Hamilton v. B. <& Di B. Go., 9 S. E. 670; Beck v. So. By., 62 S. E. 883; Garstad v. Pioneer Sand & Gravel Go., 131 Pac. 1168;…
1Opinion of the CourtPowers, J.
This plaintiff sues for injuries received while at work in the defendant’s leather-board mill at Passumpsic. In this mill, the defendant maintained several drying rooms in which during the winter the stock was dried out. One of these rooms was in two sections, one of which was directly over the other. This room was known as “No. 1,” and the lower section was sometimes called “Lower No. 1,” and the other “Upper No. 1.” It was necessary for the workmen engaged in this room *402to go from one section to the other with some frequency, and for this purpose an elevator was provided. This elevator was…
2Cases cited29 opinions
- Missouri Pacific Railway Co. v. SomersTexas Supreme Court · 1890
- Cogdell v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1903
- Martin v. Highland Park Mfg. Co.Supreme Court of North Carolina · 1901
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Davis v. Central Vermont R. R.Supreme Court of Vermont · 1883
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3Cited by28 opinions
- Pruitt v. StateCourt of Criminal Appeals of Tennessee · 1970
- Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
- Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
- State v. CorbySupreme Court of New Jersey · 1958
- Parizo v. WilsonSupreme Court of Vermont · 1929
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