Nones v. Northouse
Supreme Court of Vermont
Trespass in two counts, with counts in case for the same cause of action. The first count was for running a carriage against the plaintiff’s carriage, whereby the plaintiff was thrown out and injured, and his carriage damaged ; and the second count was for injury thereby caused to the plaintiff’s wife, whereby he lost her society, &c. Plea, the general issue, and trial by jury, December term, 1878, Wheeler, J., presiding.
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Trespass in two counts, with counts in case for the same cause of action. The first count was for running a carriage against the plaintiff’s carriage, whereby the plaintiff was thrown out and injured, and his carriage damaged ; and the second count was for injury thereby caused to the plaintiff’s wife, whereby he lost her society, &c. Plea, the general issue, and trial by jury, December term, 1878, Wheeler, J., presiding. The plaintiff’s evidence tended to show, that while he and his wife were driving down one of the newly opened boulevards of New York city, on the 18th of February, 1872, on…
1Opinion of the Court
The opinion of the court was delivered by
Bedeield, J.
I. Certain answers to specific questions in the deposition of Henry Kern, were excluded by the court; and, we think, in that, there was no error. The witness professed to have seen the collision and injury. The rate of speed and violence of the collision, he describes. The court suppressed the statement that witness “ saw defendant driving up the road at a very fast gait.” And that he “ saw defendant coming down at a fast gait,” And at the time of the collision defendant was driving at about the same rate of speed as he had seen him drive…
2Cases cited3 opinions
- Dorland v. PattersonNew York Supreme Court · 1840
- Hodge v. Town of BenningtonSupreme Court of Vermont · 1871
- Allen v. Town of HancockSupreme Court of Vermont · 1844
3Cited by11 opinions
- Tomlinson v. Town of DerbySupreme Court of Connecticut · 1876
- State v. LongSupreme Court of Vermont · 1922
- Ronan v. J. G. Turnbull Co.Supreme Court of Vermont · 1926
- Parizo v. WilsonSupreme Court of Vermont · 1929
- Sparrow v. Vermont Savings BankSupreme Court of Vermont · 1921
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