Bancroft's Administratrix v. Cote
Supreme Court of Vermont
Action on the ease to recover damages for the death of the plaintiff’s intestate, which occurred as the result of an automobile collision. Plea, the general issue. Trial by jury at the June Term, 1915, Caledonia County, Miles, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion states the case.
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Action on the ease to recover damages for the death of the plaintiff’s intestate, which occurred as the result of an automobile collision. Plea, the general issue. Trial by jury at the June Term, 1915, Caledonia County, Miles, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion states the case. The court erred in excluding evidence that the deceased was a passenger for hire and in instructing the jury that any negligence on the part of the driver of the automobile was imputable to him. Wentworth v. Waterbiiry, 90 Vt. 60, 96 Atl. 334; Little v. Hackett,…
1Opinion of the CourtMunson, C. J.
Plaintiff’s intestate was killed through the overtiming of an automobile owned and driven by one Barnett, on the rear seat of which he was lading. Plaintiff claims that the accident was caused by the negligent operation of a car owned and driven by the defendant, which attempted to pass the Barnett car.
The plaintiff offered to show that the deceased was a passenger for hire, and that the witness Barnett was paid for carrying him on the trip in question. The court excluded the evidence, and the plaintiff excepted. The defendant claims that this offer was so essentially defective that it was…
2Cases cited3 opinions
- Wentworth v. Town of WaterburySupreme Court of Vermont · 1916
- Carlisle v. Town of SheldonSupreme Court of Vermont · 1866
- Thorworth v. BlanchardSupreme Court of Vermont · 1913
3Cited by4 opinions
- Poulin v. GrahamSupreme Court of Vermont · 1929
- Campbell v. CampbellSupreme Court of Vermont · 1932
- Wright v. GodinSupreme Court of Vermont · 1936
- State v. LuciaSupreme Court of Vermont · 1931