Flint's Admr. v. Central Vermont Railway Co.
Supreme Court of Vermont
Case for negligence. Plea, tbe general issue. Trial by jury at tbe Mareb Term, 1906, Chittenden County, Miles, J., presiding. At tbe close of all the evidence the defendant moved that a verdict be directed in its favor, on the ground that the evidence did not tend to show negligence on defendant’s part, but showed that the deceased was guilty of contributory negligence as matter of law. Motion overruled, to which the defendant excepted.
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Case for negligence. Plea, tbe general issue. Trial by jury at tbe Mareb Term, 1906, Chittenden County, Miles, J., presiding. At tbe close of all the evidence the defendant moved that a verdict be directed in its favor, on the ground that the evidence did not tend to show negligence on defendant’s part, but showed that the deceased was guilty of contributory negligence as matter of law. Motion overruled, to which the defendant excepted. Thereupon, subject to defendant’s exception, the court directed a verdict for the plaintiff for $650, it being agreed that the plaintiff was entitled to…
1Opinion of the CourtWatson, J.
At the close of the plaintiff’s evidence, the defendant moved for a verdict on the grounds (1) that there was no evidence tending to show negligence on the part of the defendant, and (2) that the undisputed and uneonflicting evidence showed contributory negligence on the part of the intestate. The case is here on exception to the overruling of this motion. The facts herein stated appear from or are supported by the evidence.
The intestate, a man about seventy-two years of age, while driving across defendants’ railroad track at a highway crossing at West Berlin in the afternoon of May 18, 1905,…
2Cases cited6 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Kilpatrick v. Grand Trunk Railway Co.Supreme Court of Vermont · 1902
- Carter v. Central Vermont RailroadSupreme Court of Vermont · 1900
- Manley v. Delaware & Hudson Canal Co.Supreme Court of Vermont · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mahaffey v. HudspethCourt of Appeals for the Tenth Circuit · 1942
- Harrington v. Rutland RailroadSupreme Court of Vermont · 1915
- LaMountain's Admx. v. Rutland RailroadSupreme Court of Vermont · 1918
- Boston & M. R. R. v. DanielCourt of Appeals for the Second Circuit · 1923
- Labelle v. Central Vermont Railway Co.Supreme Court of Vermont · 1913
8 more not listed; retrieve them via the Exa API.