Stowe v. Bishop
Supreme Court of Vermont
Action for damages for injuries to a borse. Heard on a referee’s report, December Term, 1885, Walker, J., presiding. Judgment for the plaintiff. It appeared that D..B.
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Action for damages for injuries to a borse. Heard on a referee’s report, December Term, 1885, Walker, J., presiding. Judgment for the plaintiff. It appeared that D..B. Stowe commenced this suit; that he has since deceased; that the present plaintiff is his widow and the administratrix of his estate; that defendant hired the horse of said Stowe, which horse was “ kind and gentle and that it was Stowe’s practice to leave the horse without hitching on driving up to his neighbor’s or going into the village on ordinary errands. The defendant drove the horse to a steam mill, and left it unhitched…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
It was competent for plaintiff to show defendant’s statements, made soon after the injury, to the effect that he was careless in not hitching the horse, and expected to pay for it, etc.
In the circumstances of the case, negligence was a question of fact and not of law, and defendant’s statements were evidence against him on that point; but as they were non-contractural and non-dispositive admissions, they were not conclusive proof of that which he stated, but were open to neutralization by showing that on reflection and consideration he had…
2Cases cited8 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Hill v. Portland & Rochester RailroadSupreme Judicial Court of Maine · 1867
- Smith v. PotterSupreme Court of Vermont · 1855
- Crane v. Town of NorthfieldSupreme Court of Vermont · 1860
- Buxton v. Somerset Potters' WorksMassachusetts Supreme Judicial Court · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Crawford v. Lumbermen's Mutual Casualty CompanySupreme Court of Vermont · 1966
- Tinney v. CrosbySupreme Court of Vermont · 1941
- Maughan v. Estate of BurnsSupreme Court of Vermont · 1892
- LaFlam v. Missisquoi Pulp Co.Supreme Court of Vermont · 1902
- Houston v. ElrodSupreme Court of Alabama · 1919
4 more not listed; retrieve them via the Exa API.