Isham v. Estate of Dow
Supreme Court of Vermont
• Trespass and Case. Plea, general issue; trial by jury at the September Term, 1897, Chittenden County, Taft, J., presiding; verdict and judgment for the defendant. Upon request, the plaintiff stated what her evidence would tend to show, the substance of which is recited in the opinion, and the court ruled that such facts if established would not entitle the plaintiff to recover and excluded the evidence and directed a verdict for the defendant. The plaintiff excepted.
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• Trespass and Case. Plea, general issue; trial by jury at the September Term, 1897, Chittenden County, Taft, J., presiding; verdict and judgment for the defendant. Upon request, the plaintiff stated what her evidence would tend to show, the substance of which is recited in the opinion, and the court ruled that such facts if established would not entitle the plaintiff to recover and excluded the evidence and directed a verdict for the defendant. The plaintiff excepted. It is immaterial whether the damages could have been foreseen. Stevens v. Dudley, 56 Yt. 158; Gzlson v. Del. & Hud. Canal…
1Opinion of the CourtRowell, J.
Dow, the intestate, a poor gunner, as he knew, with eyesight much impaired, knowing that the plaintiff and her children were alone in her husband’s house, unlawfully, wantonly and maliciously shot at and wounded her husband’s dog, lying peaceably in close proximity to the house on the land of a third person, whereupon the dog sprang up, rushed wildly and rapidly towards the house, entered it through an open door into the room where the plaintiff was, ran Yiolently and forcibly against her, *590knocking her down and injuring her; and the question is, whether the estate is liable for it.
The…
2Cases cited9 opinions
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Wright v. ClarkSupreme Court of Vermont · 1877
- Gilson v. Delaware & Hudson Canal Co.Supreme Court of Vermont · 1892
- Stevens v. DudleySupreme Court of Vermont · 1883
- Ala. Great Southern Railroad v. ChapmanSupreme Court of Alabama · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. ClarkIndiana Court of Appeals · 1912
- Perkins v. Vermont Hydro-Electric Corp.Supreme Court of Vermont · 1934
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Sinram v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932
- Woodcock's Admr. v. HallockSupreme Court of Vermont · 1925
10 more not listed; retrieve them via the Exa API.