Duggan v. Heaphy
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1910, Washington County, Butler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case.
1DissentPowers, J.
When the decision in this case was handed down, I announced a dissent on the question of assumption of risk. Since then, I have had an opportunity -to give further study to the case with a transcript of the evidence before me, and I now desire to make my dissent somewhat broader than it was then stated.
In the first place, the case decided by the majority is not the case made by the record. The decision of the majority goes upon the ground, (1) That it was negligence on the part of the defendant to furnish the plaintiff a machine to work with which was without a guard which had been an…
2Cases cited64 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Butler v. FrazeeSupreme Court of the United States · 1908
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
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