Tyrrell v. Goslant
Supreme Court of Vermont
Action ok Tort for negligence in operating an automobile. Plea, the general issue. Trial by jury at the March Term, 1918, Washington County, Fish, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion states the case.
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Action ok Tort for negligence in operating an automobile. Plea, the general issue. Trial by jury at the March Term, 1918, Washington County, Fish, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion states the case. In jurisdictions where the violation of the law is negligence per se, as well as in jurisdictions where it is merely evidence of negligence, it is invariably held that the violation of the law must be a proximate cause or else it has no effect. Grier v. Samuel, 4 Boyce (27 Del.) 106; Coffin v. Lashau, 89 Conn. 325; Farrington v. Cheoponis, 84…
1Opinion of the CourtWatson, C. J.
The plaintiff seeks to recover for injuries to Ms person and Ms automobile, caused by the alleged negligence of the defendant.
It appeared that the plaintiff, together with five young men, left Barre in his automobile about 8 o’clock in the evening of July 28, 1917, on a trip to Joe’s Pond in the town of Cabot, to attend a dance; that the defendant, who owns a farm on the main highway between Plainfield village and Marshfield village, the highway over which plaintiff and party were traveling at the time in question, took his automobile and with his family and friends went to the latter village…
2Cases cited5 opinions
- Louisville, New Albany & Chicago Railway Co. v. JonesIndiana Supreme Court · 1886
- State v. ShawSupreme Court of Vermont · 1901
- Hathaway v. GoslantSupreme Court of Vermont · 1905
- National Casket Co. v. PowarCourt of Appeals of Kentucky · 1910
- Ford v. HerseySupreme Court of Vermont · 1918
3Cited by10 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- Central of Georgia Railway Co. v. KeatingSupreme Court of Georgia · 1933
- Wilson v. FlemingWest Virginia Supreme Court · 1921
- Comins v. ScrivenerCourt of Appeals for the Tenth Circuit · 1954
- Murray v. NelsonSupreme Court of Vermont · 1923
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