Morrisey v. Hughes
Supreme Court of Vermont
Action on the case for the negligence of the defendant, resulting in the death of the plaintiff’s intestate. Plea, the general issue. Trial by jury at the March term, 1892,, Ross, Ch. J., presiding. Verdict and judgment for the plaintiff. The defendant excepts.
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Action on the case for the negligence of the defendant, resulting in the death of the plaintiff’s intestate. Plea, the general issue. Trial by jury at the March term, 1892,, Ross, Ch. J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff in her declaration alleged, after setting out the negligence of the defendant and the consequent injury and death of the intestate, that the intestate left surviving him a widow and six minor children, his next of kin, to whom the damages, if any were recovered in this action, could be distributed. Upon the trial of the…
1Opinion of the Court
The opinion of the court was delivered by
TYLER, J.
I. The declaration contained an averment of every fact necessary to be proved to bring the case within the statute; therefore it was not necessary that the statute in express terms, should be referred to. Westcott v. Railroad Co., 61 Vt. 438.
II. The plaintiff’s evidence tended to show that the trucks and frame of the car were precipitated into the quarry through the negligence of the defendant in not placing and properly securing a blocking at the end of the rails to prevent the car from running off the end of the track into the quarry; while…
2Cases cited4 opinions
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Elmer v. LockeMassachusetts Supreme Judicial Court · 1883
- Fulsome v. Town of ConcordSupreme Court of Vermont · 1873
- Westcott v. Central Vermont R. R.Supreme Court of Vermont · 1889
3Cited by9 opinions
- Paul T. McNamara Administrator of the Estate of John Grigel, Deceased v. Ernest P. DionneCourt of Appeals for the Second Circuit · 1962
- Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
- Parker v. RobertsSupreme Court of Vermont · 1925
- Sharby v. Town of FletcherSupreme Court of Vermont · 1924
- Matthews v. CloughSupreme Court of New Hampshire · 1900
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