Shumm's Admx. v. Rutland Railroad
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1906, Rutland County, Tyler, J., presiding. Verdict directed for defendant, and judgment thereon. The plaintiff excepted. The opinion fully states the case. After a view of the premises by the jury, the court cannot say, as matter of law that there was no evidence tending to show due care by deceased. 2 Wig.
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Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1906, Rutland County, Tyler, J., presiding. Verdict directed for defendant, and judgment thereon. The plaintiff excepted. The opinion fully states the case. After a view of the premises by the jury, the court cannot say, as matter of law that there was no evidence tending to show due care by deceased. 2 Wig. Ev. §§ 1162-1168: 1 Met. 222. .“In all such cases the consideration that the jury had means of judging of facts, which cannot afterwards be laid before the court in their complete strength and fulness will…
1Dissent
Hall, Superior J.,
dissenting.
I am unable to assent to the opinion of the majority of the Court because in my view it fails to recognize a sound principle of law, — accepted by this Court a decade ago, and, in effect, overrules two well considered cases of this Court.
On trial of said cause, after plaintiff rested, the court, on motion of defendant, directed a verdict for the defendant upon the ground that the plaintiff had not shown that her intestate was free from contributory negligence.
*197In considering the question whether the court erred the evidence must be taken in its most favorable light…
2Cases cited29 opinions
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Baltimore & Potomac R. Co. v. LandriganSupreme Court of the United States · 1903
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Baltimore & Ohio Railroad v. GriffithSupreme Court of the United States · 1895
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