Stevens v. Dudley
Supreme Court of Vermont
Trespass and case for injuries received by collision with a runaway team. Plea, general issue with notice. Trial by jury, March Terna, 1883, Washington County, Redeield, J., presiding. Judgment for the defendant. The injury complaiued of was occasioned by a collision with a runaway team while the plaintiff was attending the annual fair of the Washington County Agricultural Society. The defendant was one of the marshals of the society.
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Trespass and case for injuries received by collision with a runaway team. Plea, general issue with notice. Trial by jury, March Terna, 1883, Washington County, Redeield, J., presiding. Judgment for the defendant. The injury complaiued of was occasioned by a collision with a runaway team while the plaintiff was attending the annual fair of the Washington County Agricultural Society. The defendant was one of the marshals of the society. Many men, women, and teams wore on the fair grounds. A trial of speed of horses was about to begin. No question was made but that the defendant had a right to…
1Opinion of the Court
The opinion of the court was delivered by
Eoss, J.
I. The plaintiff contends that the admission of testimony of what had occurred between the defendant and Win. Stevens, and between the police and Wm. Stevens just prior to the defendant’s riding in front of his team, and turning it from the track, was prejudicial error.
The defendant was there with the duty, among other things, of clearing and beeping the track clear of teams, preparatory to the trial of speed that was about to take place. What measures he might reasonably and prudently be required to take to effect that purpose with reference…
2Cases cited1 opinion
- State v. MagoonSupreme Court of Vermont · 1877
3Cited by23 opinions
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- Coy v. Indianapolis Gas Co.Indiana Supreme Court · 1897
- Johnson v. Railroad Co.Supreme Court of North Carolina · 1906
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Woodcock's Admr. v. HallockSupreme Court of Vermont · 1925
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