Robinson v. Cone
Supreme Court of Vermont
Trespass for an assault and battery. Plea, the general issue, and trial by jury, September Term, 1847, — Hall, J., presiding.
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Trespass for an assault and battery. Plea, the general issue, and trial by jury, September Term, 1847, — Hall, J., presiding. On trial the plaintiff gave evidence tending to prove, that at the time of the injury complained of he was about three years and nine months of age; that his father resided at the summit of a hill, about one fourth of a mile northerly from the centre of the village in Paw-let ; that during the winter of 1844-5 he attended a school, which was kept near the centre of the village, southerly from the foot of the hill, and that in going to and returning from school he…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The general principles of law, applicable to the subject of actions for negligence, are well settled, no doubt, and familiar to the profession. They are, perhaps, sufficiently well expressed by Ld. Ellenborough, Ch. J., in Butterfield v. Forrester, 11 East 60: “One person being in fault will not dispense with another’s using ordinary care for himself. Two things must concur to support this action, — an obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it, on the part of the plaintiff.” This is…
2Cases cited1 opinion
- Hartfield v. RoperNew York Supreme Court · 1839
3Cited by81 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Mattson v. Minnesota & North Wisconsin RailroadSupreme Court of Minnesota · 1905
- Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
- Jeffersonville, Madison, & Indianapolis R. R. v. HendricksIndiana Supreme Court · 1872
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