Bolton v. Ovitt
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1907, Franklin County, Haselton, 3., presiding. Verdict and judgment for the plaintiff. The defendant excepted.
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Case for negligence. Plea, the general issue. Trial by jury at the March Term, 1907, Franklin County, Haselton, 3., presiding. Verdict and judgment for the plaintiff. The defendant excepted. At the close of all the evidence the defendant moved the court to direct a verdict in his favor “because on the undisputed evidence in the case the plaintiff was not entitled to recover, claiming that the plaintiff had failed to establish the material allegations in the declaration that the plaintiff did not comprehend or understand the dangers incident to his employment; that in the absence of proof of…
1Opinion of the Court
Rowell, O. J.
The risk of holding the cap in place with his hand was not an ordinary risk-incident to the work the plaintiff was hired to do, for the cap was not made to be held in place by the hand, but by a nut on a bolt; and when the-defendant set the plaintiff to holding the cap with his hand, he subjected him -to an extraordinary risk, and one that the plaintiff did not assume, unless he knew and comprehended it and how to avoid it, or it was so plainly observable that he will be taken to have known and comprehended it and how to avoid it; and the burden was on the plaintiff to show…
2Cases cited2 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Disotell v. Henry Luther Co.Wisconsin Supreme Court · 1895
3Cited by5 opinions
- Barney's Admrx. v. Quaker Oats Co.Supreme Court of Vermont · 1912
- Wiggins v. E. Z. Waist Co.Supreme Court of Vermont · 1910
- Niles v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
- Goldberg v. Gintoff, GyntowtSupreme Court of Vermont · 1941
- Duggan v. HeaphySupreme Court of Vermont · 1912