Dervin v. Frenier
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1915, Rutland County, Stanton, J., presiding. Yerdict for plaintiff. Defendant excepted. The opinion states the case.
1Opinion of the CourtPowers, J.
One afternoon in the fall of 1914, the plaintiff, a boy sixteen years of age, while engaged with several others in kicking a foot ball back and forth on Cleveland Avenue, in the city of Rutland, was run over and injured by an automobile driven by the defendants. This action is brought to recover the resulting damages.
At the very moment of the collision, the plaintiff was standing in the gutter on the east side of the street, at a point about three hundred feet north of State Street. He was absorbed in the game but was mindful of the fact that automobiles were liable to pass over the street,…
2Cases cited20 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Robinson v. ConeSupreme Court of Vermont · 1850
- Kilpatrick v. Grand Trunk Railway Co.Supreme Court of Vermont · 1902
- Reed v. City of MadisonWisconsin Supreme Court · 1892
15 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
- Gilman v. Central Vermont Railway Co.Supreme Court of Vermont · 1919
- Hatch v. DanielsSupreme Court of Vermont · 1922
- Lindsey v. BartonSupreme Court of Alabama · 1954
- Shea v. PiletteSupreme Court of Vermont · 1937
32 more not listed; retrieve them via the Exa API.