Bouchard v. Central Vermont Railway Co.
Supreme Court of Vermont
Case for negligence. Heard on demurrer to the declaration at the April Term, 1913, Windham County, Taylor, J., presiding. Demurrer overruled, pro forma, and declaration adjudged sufficient. The defendant excepted. The opinion states the case. The decisions are somewhat conflicting on the subject of joinder of counts under a statute with counts at common law. There is a line of cases holding that they cannot be joined.
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Case for negligence. Heard on demurrer to the declaration at the April Term, 1913, Windham County, Taylor, J., presiding. Demurrer overruled, pro forma, and declaration adjudged sufficient. The defendant excepted. The opinion states the case. The decisions are somewhat conflicting on the subject of joinder of counts under a statute with counts at common law. There is a line of cases holding that they cannot be joined. Some of these are: Morrison v. Bedell, 22 N. H. 234; Smith v. Meanor, 16 Serg. & R. 375; 1 Comyns Dig. Tit. “Actions” G.; Wachusett National Bank v. Steele, 135 Mich. 688, 98 N.…
1Opinion of the CourtHaselton, J.
The action is case for negligence, and was heard on a demurrer to the declaration, and to counts one, two, three, four, five, and six, of the declaration. The demurrer was overruled pro forma and to this ruling the defendant excepted. The case comes here before trial on the questions of pleading raised by the assigned grounds of demurrer.
The plaintiff, to state the case made by the- declaration, was an engineer in the employ of the defendant and was injured in the course of such employment.' Four counts of the declaration are at common law. The others, three in number, assert, in substance,…
2Cases cited46 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Troxell v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
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3Cited by2 opinions
- Prouty v. Pellett & SkinnerSupreme Court of Vermont · 1922
- Shaffer v. Western Maryland Railway Co.West Virginia Supreme Court · 1923