Bates v. Horner
Supreme Court of Vermont
Case for the negligence of the defendants. Plea, the general issue. Trial by jury at the March term, 1892, Ross, Ch. J., presiding. Verdict for the defendant. The plaintiff excepts. The opinion states the case. That the plaintiff has failed in her action against the municipality for this saíne injury is no bar to the present action.
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Case for the negligence of the defendants. Plea, the general issue. Trial by jury at the March term, 1892, Ross, Ch. J., presiding. Verdict for the defendant. The plaintiff excepts. The opinion states the case. That the plaintiff has failed in her action against the municipality for this saíne injury is no bar to the present action. Bennett v. Whitney, 94 N. Y. 302 ; Severin v. Eddy, 52 Ill. 139; Perry v. Averill, 37 Hun 363. The location and operation of the stone crusher was not a judicial act. Stone v. Augusta, 48 Me. 127 ; McCord v. High, 24 Iowa 336. A public officer in the discharge of…
1Opinion of the Court
The opinion of the court was delivered by
START, J.
The plaintiffs evidence tended to show that *473while she was riding in the village of Rutland her horse became frightened and unmanageable by reason of the appearance and noise ■ caused by the operation of' a stone . crusher, located partly on the land of one Engram and partly within the boundaries of the highway, and a little beyond the village limits ; that the horse, by reason of becoming so frightened and unmanageable, went down an embankment, overturned the carriage, and severely injured the plaintiff.
The plaintiff’s evidence also tended to…
2Cases cited5 opinions
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- City of Lansing v. ToolanMichigan Supreme Court · 1877
- Daniels v. HathawaySupreme Court of Vermont · 1892
- Bates v. Village of RutlandSupreme Court of Vermont · 1890
- Robinson v. RohrWisconsin Supreme Court · 1889
3Cited by15 opinions
- Hudson v. Town of East MontpelierSupreme Court of Vermont · 1993
- Adams v. SchneiderIndiana Court of Appeals · 1919
- Hinesburg Sand & Gravel Co. v. Town of HinesburgSupreme Court of Vermont · 1977
- Hipp v. FerrallSupreme Court of North Carolina · 1917
- Hipp v. . FerrallSupreme Court of North Carolina · 1917
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