Legal Opinion

Magoon v. Before

Supreme Court of Vermont

Decided May 9, 1901PublishedCited by 9 opinions

Case For negligence with a count in trespass for the same cause of action. Plea, the general issue. Trial by jury, Orleans County, March Term, 1900, Watson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted.

1Opinion of the CourtStafford, J.

The plaintiff, a carpenter, was at work for the defendant, also a carpenter, upon a house which the latter was building for another. There was a staging around the house, resting upon brackets, each bracket being held to the wall by a bolt made fast on the inner side by a nut. The plaintiff and the defendant were engaged in lowering the stag*232ing, the plaintiff upon the outside, the defendant upon the inside. The plaintiff, standing upon one bracket, which had just been lowered, and taking hold of an upper bracket, called to the defendant to ttnscrew the nut; whereupon the defendant, instead of…

2Cases cited1 opinion

  1. Rowell v. Fuller's EstateSupreme Court of Vermont · 1887

3Cited by9 opinions

  1. Dyer v. LalorSupreme Court of Vermont · 1920
  2. MacDonald, B.N.F. v. OrtonSupreme Court of Vermont · 1926
  3. H. M. Farnham & Sons, Inc. v. WarkSupreme Court of Vermont · 1926
  4. de Nottbeck v. ChapmanSupreme Court of Vermont · 1919
  5. In re Healy's WillSupreme Court of Vermont · 1920

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