McDuffee's Admx. v. Boston & Maine Railroad
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the' June Term, 1905, Caledonia County, Munson, J., presiding. Yerdiet and judgment for the plaintiff. The defendant excepted. The plaintiff is the surviving mother of Homer A. Mc-Duffee, and the administratrix of his estate. He left neither father, nor wife, nor issue.
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Case for negligence. Plea, the general issue. Trial by jury at the' June Term, 1905, Caledonia County, Munson, J., presiding. Yerdiet and judgment for the plaintiff. The defendant excepted. The plaintiff is the surviving mother of Homer A. Mc-Duffee, and the administratrix of his estate. He left neither father, nor wife, nor issue. The declaration consisted of counts seeking to recover, for the benefit of said estate, the damages sustained by the intestate on account of his alleged injuries from the date of the accident to his decease; and other counts seeking to recover for plaintiff’s own…
1Opinion of the CourtMiles, J.
The defendant in its brief assigns five grounds of error the first of which is, that the court below erred in overruling its motion for a verdict. This ground is divided into several subdivisions denoted by the capital letters of the alphabet, beginning with “A” and ending with “F” inclusive. Under division “A” the- question arises, whether there was any -evidence in the case tending to prove that the plaintiff’s intestate was in the service of the defendant at the time of the accident. If there was any such evidence, it is to be found on pages 7 to 36 of the exceptions inclusive.
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2Cases cited12 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Chicago & Iowa Railroad v. RussellIllinois Supreme Court · 1878
- Morrisette v. Canadian Pacific Railway Co.Supreme Court of Vermont · 1902
- Skinner v. GrantSupreme Court of Vermont · 1840
- Warner v. NortonSupreme Court of the United States · 1858
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3Cited by21 opinions
- Connolly v. Nicollet HotelSupreme Court of Minnesota · 1960
- Ryder v. Vermont Last Block Co.Supreme Court of Vermont · 1917
- In re DexterSupreme Court of Vermont · 1919
- Middletown Trust Co. v. BregmanSupreme Court of Connecticut · 1934
- Beery v. BreedAppellate Court of Illinois · 1941
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