Trow v. Thomas
Supreme Court of Vermont
Case for negligently driving over the plaintiff’s child. Trial by jury, at the December Term, 1897, Caledonia County, Thompson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The testimony of Mrs. Angelí, referred to in the opinion, was that when she found her own child his clothing was soiled with road dust and stained with blood.
1Opinion of the Court
Taft, J.(1) As bearing upon the question of how the defendant was driving at the time of the accident, it was competent for the plaintiff to prove that the defendant was training his horse in the streets just prior to and at the time of the accident. If he was training his horse for the races it was more likely than otherwise he would be driving with rapidity at the time the accident occurred. It was proper to prove such fact. The fact was not collateral. His driving was a part of the same transaction as that which resulted in the accident. In this respect the case is distinguishable from…
2Cases cited8 opinions
- Insurance Co. v. BrameSupreme Court of the United States · 1878
- Durden v. BarnettSupreme Court of Alabama · 1844
- Noyes, French & Fickett v. ParkerSupreme Court of Vermont · 1892
- Nones v. NorthouseSupreme Court of Vermont · 1874
- Bradley Fertilizer Co. v. CaswellSupreme Court of Vermont · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Johnson v. Hardware Mutual Casualty Co.Supreme Court of Vermont · 1938
- Thayer v. HerdtSupreme Court of Vermont · 1990
- Bioni Et Ux. v. Haselton, GuardianSupreme Court of Vermont · 1926
- Dyer v. LalorSupreme Court of Vermont · 1920
- Harrington v. Rutland RailroadSupreme Court of Vermont · 1915
14 more not listed; retrieve them via the Exa API.