Legal Opinion

Terrill v. Spaulding

Supreme Court of Vermont

Decided October 5, 1948PublishedCited by 7 opinions

1Opinion of the CourtSherburne, J.

This is an action of tort for negligence, and the only exceptions relied upon are to the denial of defendants’ motions for a directed verdict and to set aside the verdict. The grounds of these motions, which are here relied.upon, were that the evidence failed to show any breach of duty owed by the defendants to the plaintiff, that the plaintiff assumed the risk and that she was guilty of contributory negligence as a matter of law.

Viewed most favorably to the plaintiff the evidence tended to show the following facts: On or about the middle of December, 1945, the plaintiff rented of the…

2Cases cited5 opinions

  1. Humphrey v. Twin State Gas & Electric Co.Supreme Court of Vermont · 1927
  2. District of Columbia v. MoultonSupreme Court of the United States · 1901
  3. Johnson v. ConeSupreme Court of Vermont · 1942
  4. Carey v. BaxterMassachusetts Supreme Judicial Court · 1909
  5. Charron v. Canadian Pacific Railway Co.Supreme Court of Vermont · 1947

3Cited by7 opinions

  1. Smyth v. Twin State Improvement Corp.Supreme Court of Vermont · 1951
  2. Baldwin v. StateSupreme Court of Vermont · 1965
  3. Appleyard Motor Transp. Co. v. Ray Co.Supreme Court of Vermont · 1949
  4. Agosta v. Granite City Real Estate Co.Supreme Court of Vermont · 1951
  5. Edward Atherton and Rebecca Atherton v. Phyllis S. Lewis, Trustee, et al. for Phyllis S. Lewis Trust Dated January 21, 2015District Court, D. Vermont · 2026

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