Dean v. McLean
Supreme Court of Vermont
Case for damage to plaintiff’s mill-dam, flume, and bulkhead, occasioned by negligently and carelessly floating logs and timber through the same by defendant. Plea, the general issue, and trial by jury, Juñe Term, 1873, Wheeler, J., presiding.
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Case for damage to plaintiff’s mill-dam, flume, and bulkhead, occasioned by negligently and carelessly floating logs and timber through the same by defendant. Plea, the general issue, and trial by jury, Juñe Term, 1873, Wheeler, J., presiding. The declaration set out a contract between plaintiff and defendant relative to the floating of said logs and timber, and the duty of defendant to use due care, skill, and prudence in opening, using, and occupying said bulkhead, and in floating and passing said logs and timber through the same, and alleged that defendant so negligently, carelessly,…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The burden of the debate in this case is, whether this action on the cause ex delicto can be maintained upon the cause of action shown by the facts stated.
The defendant caused the damage through faulty negligence in *419doing what he was entitled to do under his contract with the plaintiff, viz., to open the bulkhead and run the logs through the dam to float them down the stream. As a part of that contract he had expressly agreed to pay a stipulated sum for leave so to do, and also “to repair and pay all damage'in consequence of opening the…
2Cases cited2 opinions
- Bank of Orange v. BrownNew York Supreme Court · 1829
- Clifford v. RichardsonSupreme Court of Vermont · 1846
3Cited by7 opinions
- Flint & Walling Manufacturing Co. v. BeckettIndiana Supreme Court · 1906
- Brink & Co. v. Merchants & Mechanics InsuranceSupreme Court of Vermont · 1877
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
- Talbott v. Southern Oil Co.West Virginia Supreme Court · 1906
- Aetna Casualty & Surety Co. v. StarrettCourt of Appeals of Georgia · 1960
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