Houston v. Brush & Curtis
Supreme Court of Vermont
Case for the negligence of the defendant. Heard at the June term, 1893, Caledonia county, Taft, J., presiding. The defendant demurred to the declaration. The demurrer was overruled and the declaration adjudged sufficient, to. which the defendant excepted. Thereupon the defendant plead the general issue and a trial by jury was had. Verdict for the plaintiff. The defendant excepts.
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Case for the negligence of the defendant. Heard at the June term, 1893, Caledonia county, Taft, J., presiding. The defendant demurred to the declaration. The demurrer was overruled and the declaration adjudged sufficient, to. which the defendant excepted. Thereupon the defendant plead the general issue and a trial by jury was had. Verdict for the plaintiff. The defendant excepts. The evidence of the plaintiff tended to show that the defendants were engaged in the manufacture of granite and that he was employed by them as their hired servant; that it was a part of his ordinary duty to work…
1Opinion of the CourtThompson, J.
I. By pleading over and going to trial instead of submitting to judgment on the declaration, the defendant waived his exception to the ruling on the demurrer. Rea v. Harrington, 58 Vt. 181.
II. It was the duty of the defendants, as master, to provide a derrick reasonably fit for the use to which it was to be put by the plaintiff in their employ, and to inspect and keep it in reasonably good repair for such use. Whether they undertook to perform this duty personally or by their foreman, Mr. Bailey, any negligence in respect to it was their negligence, for which thejr are liable. Davis v.…
2Cases cited27 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
- Noyes v. SmithSupreme Court of Vermont · 1855
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3Cited by53 opinions
- Snyder v. Wheeling Electrical Co.West Virginia Supreme Court · 1897
- Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
- Humphrey v. Twin State Gas & Electric Co.Supreme Court of Vermont · 1927
- Mares v. New Mexico Public Service Co.New Mexico Supreme Court · 1938
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
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