Sowles v. Moore
Supreme Court of Vermont
Case for the negligence of the defendant. Trial by jury at the February term, 1892, Ross, Ch. J., presiding. Verdict and judgment for the defendant. The plaintiff excepts. The opinion states the case. The jury found that the defendant was negligent and that the plaintiff was not guilty of contributory negligence. From these two findings it necessarily follows that the defendant was liable, and it was error to submit any further question as to that liability to the jury.
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Case for the negligence of the defendant. Trial by jury at the February term, 1892, Ross, Ch. J., presiding. Verdict and judgment for the defendant. The plaintiff excepts. The opinion states the case. The jury found that the defendant was negligent and that the plaintiff was not guilty of contributory negligence. From these two findings it necessarily follows that the defendant was liable, and it was error to submit any further question as to that liability to the jury. Unless due care upon the part of the defendant would have prevented the injury he is not liable. Shear & Redf. Neg., s. 8 ;…
1Opinion of the Court
The opinion of the court was delivered by
TYLER, J.
This was an action of trespass on the case brought to recover the value of a pair of horses, which were drowned in Lake Champlain, through the alleged negligence of the defendants in not properly guarding an opening in the lake where they had been taking .ice near a line of public travel.
The plaintiff’s evidence tended to show that his son had occasion to drive onto the lake on the day of the accident; that the wind was blowing and the ice was glare; that in turning the team around the sled slewed and brought the pole against the horses’ legs,…
2Cases cited4 opinions
- Lester v. Town of PittsfordSupreme Court of Vermont · 1835
- Walker v. Town of WestfieldSupreme Court of Vermont · 1867
- Wilson v. City of AtlantaSupreme Court of Georgia · 1878
- Ilfrey v. Sabine & East Texas Railway Co.Texas Supreme Court · 1890
3Cited by16 opinions
- Missouri Pacific Railway Co. v. ColumbiaSupreme Court of Kansas · 1902
- Perkins v. Vermont Hydro-Electric Corp.Supreme Court of Vermont · 1934
- Kulas v. Public Service Electric & Gas Co.Supreme Court of New Jersey · 1964
- Kirincich v. Standard Dredging Co.Court of Appeals for the Third Circuit · 1940
- Maddocks v. BennettAlaska Supreme Court · 1969
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