Vinton v. Schwab
Supreme Court of Vermont
Case. Plea, the general issue and trial by jury, at the December Term, 1859, — Pierpoint, J., presiding. The plaintiff’s evidence tended to show that in January, 1859, the defendant, who was a pedler, had stopped his horse, attached to a traverse sleigh, with a pedler’s box upon it, in front of a house in Granville, a little out of the traveled path, and while standing at the rear of his sleigh, taking out some goods and holding a box of goods in his hands, the plaintiff…
Read the full summary
Case. Plea, the general issue and trial by jury, at the December Term, 1859, — Pierpoint, J., presiding. The plaintiff’s evidence tended to show that in January, 1859, the defendant, who was a pedler, had stopped his horse, attached to a traverse sleigh, with a pedler’s box upon it, in front of a house in Granville, a little out of the traveled path, and while standing at the rear of his sleigh, taking out some goods and holding a box of goods in his hands, the plaintiff drove up in his cutter, passed between the defendant’s sleigh and the house, halted a moment and passed on ; that about the…
1Opinion of the Court
Redeield, Ch. J.
The questions raised in this case upon the trial, and the motion for a new trial, seem to be identical, that is, whether there was any evidence which could fairly have been submitted to the jury ?
In regard to questions of negligence, it has often been determined that when the testimony is all in one direction, that is, when all the evidence being taken, as facts, it establishes a clear case of negligence, or when it has no tendency to show any negligence whatever, it may be determined as a question of law by the court, unless some question is made in regard to the credibility…
2Cited by15 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Baltimore & Ohio & Chicago Railroad v. WalbornIndiana Supreme Court · 1891
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1920
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- Latremouille v. Bennington & Rutland Ry. Co.Supreme Court of Vermont · 1891
10 more not listed; retrieve them via the Exa API.