Stone v. Howe

I. The claim that evidence of the Vermont law could not be received without specific declaration of that law is not in accordance with our practice. The declaration in tort of facts occurring in New Hampshire assumes that the local law is controlling, even though it be not pleaded. When the declaration shows that the plaintiff seeks to recover for negligence in Vermont, with consequent damages there, the applicability of Vermont law follows as a matter of course. If the law of Vermont is here ascertained in part by evidence, it is also true that we take judicial notice of it. Saloshin v.…