Barney's Admrx. v. Quaker Oats Co.
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1910, Franklin County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion fully states the case. The testimony of the several witnesses that deceased had never mentioned to them the danger from dust explosion was inadmissible.
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Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1910, Franklin County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion fully states the case. The testimony of the several witnesses that deceased had never mentioned to them the danger from dust explosion was inadmissible. Hatch v. Reynolds’ Est., 80 Vt. 294; Morgan v. Hendrick, 80 Vt. 284. The risk from the explosive character of this dust was an extraordinary one, and deceased should have been notified of it. 1 Labatt’s Master & Servant, §240, note 1; Illinois…
1Opinion of the CourtHaselton, J.
This is a case for alleged negligence on the part of the defendant, resulting in the death, October 7, 1908, of the plaintiff’s intestate, William C. Barney. The action is brought for the benefit of his widow and the next of kin. The deceased left a widow, who as administratrix is the plaintiff, and five minor children. The case was tried upon an amended declaration which was met by the general issue. A verdict for the plaintiff was returned, and judgment was rendered thereon. The defendant excepted.
The defendant is a corporation, organized under the laws of New Jersey, with its main office…
2Cases cited16 opinions
- Chamberlin v. FullerSupreme Court of Vermont · 1886
- State v. RyderSupreme Court of Vermont · 1908
- Blaisdell & Barron v. DavisSupreme Court of Vermont · 1900
- Comstock's v. JacobsSupreme Court of Vermont · 1911
- State v. PhairSupreme Court of Vermont · 1875
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3Cited by24 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Anglo California Nat. Bank of San Francisco v. LazardCourt of Appeals for the Ninth Circuit · 1939
- Cornec v. Baltimore & OR Co.Court of Appeals for the Fourth Circuit · 1931
- State v. WoodSupreme Court of Vermont · 1881
- Cole v. North Danville Cooperative Creamery Ass'nSupreme Court of Vermont · 1930
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