Ploof v. Putnam
Supreme Court of Vermont
Tresspass and Case for damages resulting from -unmooring the plaintiff’s sloop from the defendant’s dock. Heard on general demurrer to each count of the declaration, at the March T'erm, 1908, Chittenden County, Haselton, J., presiding. Demurrers overruled, and each count adjudged sufficient. The defendant excepted.
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Tresspass and Case for damages resulting from -unmooring the plaintiff’s sloop from the defendant’s dock. Heard on general demurrer to each count of the declaration, at the March T'erm, 1908, Chittenden County, Haselton, J., presiding. Demurrers overruled, and each count adjudged sufficient. The defendant excepted. The count in trespass contains the allegation: “Yet the said defendant, by his said agent and servant, with force and arms, wilfully and designedly cast off and unmoored the said sloop from the said wharf or dock.” And the corresponding allegation of the count in case is: “Yet the…
1Opinion of the CourtMunson, J.
It is alleged as the ground of recovery that on the 13th day of November, 1904, the defendant was the owner of a certain island in Lake Champlain, and of a certain dock attached thereto, which island and dock were then in charge of the defendant’s servant; that the plaintiff was then possessed of and .sailing upon said lake a certain loaded sloop, on which were the plaintiff and his wife and two minor children; that there then arose a sudden and • violent tempest, whereby the sloop and the property and persons therein were placed in great danger of destruction; that to save these from…
2Cases cited6 opinions
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
- Wabash Railway Co. v. SavageIndiana Supreme Court · 1886
- Voegeli v. Pickel Marble & Granite Co.Missouri Court of Appeals · 1892
- Proctor v. AdamsMassachusetts Supreme Judicial Court · 1873
- Palmer v. Village of St. AlbansSupreme Court of Vermont · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- People v. RobertsCalifornia Supreme Court · 1956
- United States v. HenselCourt of Appeals for the First Circuit · 1983
- Poplaski v. LamphereSupreme Court of Vermont · 1989
- State v. WarshowSupreme Court of Vermont · 1979
- State v. PollanderSupreme Court of Vermont · 1997
29 more not listed; retrieve them via the Exa API.