Briggs v. Taylor
Supreme Court of Vermont
The question of negligence may, in some cases, he withdrawn from the consideration of the jury, as where there is no testimony tending to show it 5 or where a given course of conduct is admitted which results in detriment, and no excuse is given. In the latter case the liability follows, as matter of law, and there is nothing for the jury but a question of damages.
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The question of negligence may, in some cases, he withdrawn from the consideration of the jury, as where there is no testimony tending to show it 5 or where a given course of conduct is admitted which results in detriment, and no excuse is given. In the latter case the liability follows, as matter of law, and there is nothing for the jury but a question of damages. Action on the case against the defendant, as sheriff, for the neglect of Ms deputy in preserving and taMng care of property of the plaintiff which the deputy had attached. Plea, the general issue; trial by jury, September Term,…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Cs. J.
In regard to the carriage, and the wagons and sled, which were not past use, although the carriage was an old one, and the wagons and sleds were described by the witnesses, as being “ not very new nor very old,” it seems to us there was no testimony in the case tending to show that an officer who held them under attachment, would be fully justified in letting them stand outdoors all winter. We could scarcely conceive of a state of facts jus-1 tifying such a course, short of absolute necessity, which, it would seem, would never occur…
2Cases cited1 opinion
- Bridges v. PerrySupreme Court of Vermont · 1842
3Cited by18 opinions
- Shaw, Admr. v. MooreSupreme Court of Vermont · 1932
- Jacobus v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1873
- McAndrews v. LeonardSupreme Court of Vermont · 1926
- Fassett v. Town of RoxburySupreme Court of Vermont · 1883
- Latremouille v. Bennington & Rutland Ry. Co.Supreme Court of Vermont · 1891
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