Legal Opinion

Fay v. Kent

Supreme Court of Vermont

Decided May 15, 1883PublishedCited by 8 opinions

Action under tbe statute, G. S. c. 52, ss. 15, 16,17, (R. L. ss. 2138, 2139). Heard on demurrer to the defendant’s pleas, March Term, 1881, Redfield, J., presiding. Demurrer overruled.

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Action under tbe statute, G. S. c. 52, ss. 15, 16,17, (R. L. ss. 2138, 2139). Heard on demurrer to the defendant’s pleas, March Term, 1881, Redfield, J., presiding. Demurrer overruled. Copy of the amended declaration : “ Also in a further plea of the case brought on sections 15,16 and 17 of chapter 52 of the General Statutes of this State, for that the defendant heretofore, to wit, on the 29th day of July, A. D. 1879, at Calais, in the County of Washington, excavated for sand by digging into the bank and leaving, without right, a certain other hole and excavation in said bank, unsafe and…

1Opinion of the Court

The opinion of the court was delivered by

Royce, Ch. J.

The demurrer puts in issue the sufficiency ot the declaration. If that is bad in substance, there is no occasion to examine the special causes of demurrer assigned to the pleas. The only substantial difference between the first count in this declaration and the-one that has been adjudged bad, is in the addition of the averment that the deceased, while passing along and over said public highway without any knowledge that the same was unsafe and dangerous, did enter into said hole and excavation, he then having a lawful right so to do.

The…

2Cited by8 opinions

  1. Humphrey v. Twin State Gas & Electric Co.Supreme Court of Vermont · 1927
  2. Bottom's v. HawksSupreme Court of Vermont · 1911
  3. McLeod v. Conn. & Pass. R. R. R.Supreme Court of Vermont · 1886
  4. Powell v. LigonSupreme Court of Pennsylvania · 1939
  5. Texas-Louisiana Power Co. v. WebsterCourt of Appeals of Texas · 1933

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