Legal Opinion

Winifred Brothers' Administrator v. Rutland Railroad

Supreme Court of Vermont

Decided December 20, 1898PublishedCited by 15 opinions

Case. Heard upon special demurrer to the declaration at the September term, 1898, Rutland county, Thompson, J., presiding. Demurrer overruled and declaration adjudged sufficient. The defendant excepted.

1Opinion of the CourtTyler, J.

This action is brought to recover damages for the death of the plaintiff’s intestate, caused by the defendant’s alleged negligence in running its train, and comes here upon demurrer to the declaration.

The first point raised is, that the first count in the declaration does not specify the negligent acts, — that conclusions only are stated.

*49By familiar rules of pleading the count must allege facts from which the court can see that the defendant owed the intestate a legal duty. It is not sufficient to allege that there was a shortage of duty, that the defendant’s negligence caused the injury…

2Cases cited2 opinions

  1. Bovee v. Town of DanvilleSupreme Court of Vermont · 1880
  2. Barber v. Town of EssexSupreme Court of Vermont · 1854

3Cited by15 opinions

  1. Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
  2. Clement v. GrahamSupreme Court of Vermont · 1906
  3. American R. Co. of Porto Rico v. CoronasCourt of Appeals for the First Circuit · 1916
  4. State Ex Rel. Stasciewicz v. ParksCourt of Appeals of Maryland · 1925
  5. Dent v. Bellows Falls & Saxtons River Street Railway Co.Supreme Court of Vermont · 1922

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API