McCarthy's Admr. v. Village of Northfield
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1914, Washington County, Miles, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion states the case. The rule that the declarations of a party to a suit are admissible to prove the stated facts does not apply to one suing in a representative capacity.
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Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1914, Washington County, Miles, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion states the case. The rule that the declarations of a party to a suit are admissible to prove the stated facts does not apply to one suing in a representative capacity. Wheelock v. Wheelock, 5 Vt. 438; Sargent v. Sargent et al., 18 Vt. 376; Bent. v. Bent., 3 Gill. 484; Church v. Howard, 79 N. Y. 419; Crandall v. Gallup, 12 Conn. 372, 2 Wigmore on Ev. §1076; Williams v. Ctilver, 39 Ore. 340;…
1Opinion of the CourtTaylor, J.
This case was first here on demurrer to the declaration. 87 Vt. 191. Since the remand there has been a trial by jury with verdict and judgment for defendant. The case is now in this Court on plaintiff’s exceptions to the admission and rejection of evidence.
The plaintiff as administrator of his son, Arthur McCarthy brings this suit for the benefit of himself and his wife as next of kin to recover damages for the death of the intestate. The defendant, under charter authority, operates an electric light plant for the purpose of lighting its streets and of furnishing electricity for power and…
2Cases cited23 opinions
- Union Pacific Railway Co. v. O'BrienSupreme Court of the United States · 1896
- Consolidated Gas Electric Light & Power Co. v. State Ex Rel. SmithCourt of Appeals of Maryland · 1909
- Worden v. Gore-Meenan Co.Supreme Court of Connecticut · 1910
- Clifford v. RichardsonSupreme Court of Vermont · 1846
- Trenton Passenger Railway Co. v. CooperSupreme Court of New Jersey · 1897
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3Cited by4 opinions
- Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
- Spinney's Administratrix v. HookerSupreme Court of Vermont · 1917
- Mouratis v. NagleCourt of Appeals for the Ninth Circuit · 1928
- Land Finance Corp. v. St. Johnsbury Wiring Co.Supreme Court of Vermont · 1929