Marshal v. Dalton Paper Mills
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1908, Essex County, Powers, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted.
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Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1908, Essex County, Powers, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The plaintiff seeks to recover for injuries received by reason of the alleged negligence of the defendant while in its employ in its paper mill, at about two o’clock in the morning of February 15, 1906. At the time of the accident the plaintiff was working as back tender on the paper machine, a position he had filled for some over a year. In time of work he alternated weekly between day and night, but at the…
1Opinion of the CourtWatson, J.
At the close of the evidence defendant moved for a verdict on the grounds, (1) that there was no evidence from which the jury could find the defendant guilty of negligence; (2) that the injury was caused by the negligence of a fellow servant; and (3) that the plaintiff assumed the risk.
It is argued that the plaintiff failed to show that his injury resulted from the accumulation of grease on the running board. The only testimony relating to the condition of the running board at the time of the accident was that of the broke hustler, Clarence W. Raymond, who testified that he was standing on…
2Cases cited39 opinions
- Kreigh v. Westinghouse, Church, Kerr & Co.Supreme Court of the United States · 1909
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Noyes v. SmithSupreme Court of Vermont · 1855
- Richmond & Danville Railroad v. ElliottSupreme Court of the United States · 1893
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
34 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Murray v. KrenzSupreme Court of Connecticut · 1920
- Turrietta v. WycheNew Mexico Supreme Court · 1949
- Parizo v. WilsonSupreme Court of Vermont · 1929
- Tinney v. CrosbySupreme Court of Vermont · 1941
- Ryder v. Vermont Last Block Co.Supreme Court of Vermont · 1917
23 more not listed; retrieve them via the Exa API.