Legal Opinion

W. H. Hobbs & Son v. Grand Trunk Railway Co.

Supreme Court of Vermont

Decided October 7, 1919PublishedCited by 12 opinions

Tort for Negligence. Plea, the general issue. Trial by-jury at the April Term, 1916, Essex County, Waterman, J., presiding. Verdict and judgment for the plaintiffs. The defendant ■excepted. The opinion states the case. The holding over by an assignee of the lessee will bind such assignee as a tenant, under the terms of the original lease.' Dimock- v. Van Bergen, 12 Allen 551; Probst v. Laundry Co., 171 N. Y. 584; Tolle v. Orth, 75 Ind. 289, 39 Am.

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Tort for Negligence. Plea, the general issue. Trial by-jury at the April Term, 1916, Essex County, Waterman, J., presiding. Verdict and judgment for the plaintiffs. The defendant ■excepted. The opinion states the case. The holding over by an assignee of the lessee will bind such assignee as a tenant, under the terms of the original lease.' Dimock- v. Van Bergen, 12 Allen 551; Probst v. Laundry Co., 171 N. Y. 584; Tolle v. Orth, 75 Ind. 289, 39 Am. Rep. 147; Brewer v. Knapp, 1 Pick. 332; Bowen v. Brown, 9 Conn. 334; Sullivan v. Ringler, 171 N. Y. 693.

1Opinion of the CourtSlack, J.

This suit is to recover the' value of a storehouse *394that formerly stood on the defendant’s right of way, on lot No. 4, in Brighton, Vermont, and was destroyed by fire May 10, 1914.

The plaintiffs’ evidence tended to show that the building-was erected by Samuel D. Hobson under the terms of a lease from the defendant to him, dated October 1, 1884. This was not disputed. For the purpose of showing title to the building, the plaintiffs offered in evidence a quitclaim deed of lot No. 4 from Nathan L. Woodbury to Samuel D. Hobson, dated September 20, 1871, a warranty deed from the latter to E. F.…

2Cases cited10 opinions

  1. Latremouille v. Bennington & Rutland Ry. Co.Supreme Court of Vermont · 1891
  2. Scott v. BeecherMichigan Supreme Court · 1892
  3. Hagar v. BrainerdSupreme Court of Vermont · 1872
  4. Amsden v. AtwoodSupreme Court of Vermont · 1894
  5. Bray v. ConradSupreme Court of Missouri · 1890

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3Cited by12 opinions

  1. Pioneer Mill Co. v. WardHawaii Supreme Court · 1938
  2. State v. WilliamsSupreme Court of Vermont · 1920
  3. Mattison v. SmalleySupreme Court of Vermont · 1960
  4. Porter v. FlemingSupreme Court of Vermont · 1931
  5. Alabam Freight Lines v. StewartArizona Supreme Court · 1950

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