Williamson v. Sheldon Marble Co.
Supreme Court of Vermont
Action for the death of the plaintiffs son, alleged to have been caused by the negligence of the defendant. Plea, the general issue. Trial by jury at the September term, 1892, Rutland county, Taft, J., presiding. At the close of the plaintiffs case the court directed a verdict for the defendant. The plaintiff excepts.
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Action for the death of the plaintiffs son, alleged to have been caused by the negligence of the defendant. Plea, the general issue. Trial by jury at the September term, 1892, Rutland county, Taft, J., presiding. At the close of the plaintiffs case the court directed a verdict for the defendant. The plaintiff excepts. The evidence of the plaintiff tended to show the following facts : The plaintiffs intestate at the time of his death was fifteen years and nine months of age and was engaged as a hired servant in the employ of the defendant at the rate of one dollar and fifteen cents a day. His…
1Opinion of the CourtRowell, J.
Recovery can be had only on the ground that the death of the intestate was caused by the wrongful neglect or default of the defendant, for it is not claimed that it was caused by the wrongful act of the defendant.
Conceding for present purposes that the testimony tends to show that the intestate was killed by falling from the jog in the wall, it remains to consider whether it also tends to show that his death was caused by the neglect of any and what duty that the defendant owed to him.
Undoubtedly access to the valve might have been made safer, and probably entirely safe for one exercising due…
2Cases cited3 opinions
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1888
- Chicago Anderson Pressed Brick Co. v. ReinneigerIllinois Supreme Court · 1892
3Cited by7 opinions
- Platt v. Southern Photo Material Co.Court of Appeals of Georgia · 1908
- Carleton v. E. & T. Fairbanks & Co.Supreme Court of Vermont · 1915
- Wlock v. Fort Dummer MillsSupreme Court of Vermont · 1925
- Wiggins v. E. Z. Waist Co.Supreme Court of Vermont · 1910
- Worthington & Co. v. GoforthSupreme Court of Alabama · 1899
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