Nichols v. Central Vermont Railway Co.
Supreme Court of Vermont
Action of Tort to recover damages for the negligent handling of the dead body of the plaintiff’s minor child. Plea, the general issue. Trial by jury at the September Term, 1917,-Franklin County, Waterman, J., presiding. At the close of the plaintiff’s evidence a verdict was directed for the defendant. The plaintiff excepted. The opinion states the case.
1DissentMiles, J.
I fully agree with my associates that the plaintiff has not made out a case entitling her to recover for injured feelings; but I cannot agree with them that she was not entitled to go to the jury on the main issue in the case, to which the principal part of her evidence related. It is true that some part of her evidence upon the question of damages related to the matter of injured feelings, but there was evidence of other, damages. The case shows, as stated in the majority opinion, “that on opening the casket at Highgate it was found that the body was disarranged, the hair ‘unfixed,’ and the…
2Cases cited16 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Parker v. GriswoldSupreme Court of Connecticut · 1845
- First National Bank v. Fourth National BankNew York Court of Appeals · 1879
- Williams v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- McConnel v. KibbeIllinois Supreme Court · 1864
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