Claflin v. Wilcox
Supreme Court of Vermont
Trespass on the Case. The plaintiff alleged in his declaration, in substance, that, on the twenty sixth day of February, 1844, the plaintiff’s son was driving in the highway, in Hancock, a horse and sleigh belonging to the plaintiff, and the defendant was also driving a horse and sleigh, and that the defendant so carelessly drove, governed and directed his horse and sleigh, that, by and through the carelessness, negligence and improper conduct of the defendant, the…
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Trespass on the Case. The plaintiff alleged in his declaration, in substance, that, on the twenty sixth day of February, 1844, the plaintiff’s son was driving in the highway, in Hancock, a horse and sleigh belonging to the plaintiff, and the defendant was also driving a horse and sleigh, and that the defendant so carelessly drove, governed and directed his horse and sleigh, that, by and through the carelessness, negligence and improper conduct of the defendant, the defendant’s sleigh struck with great force and violence against the plaintiff’s horse and thereby wounded and killed him. Plea,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question in the'present case is, whether the plaintiff can sustain this action upon the case for an immediate injury, caused by the negligent driving, by the defendant, of his own horse.
There certainly is not the fullest coincidence in the cases upon this subject, nor is it easy, I think, to reconcile all the cases on the subject, either English, or American, which are to be found in the books. This case, however, might be decided by what is said by the-court in Slater v. Baker, 2 Wils. 362, — “That the plaintiff ought to receive a…
2Cases cited1 opinion
- Weyer v. ZaneOhio Supreme Court · 1828
3Cited by7 opinions
- Bahel v. ManningMichigan Supreme Court · 1897
- Baltimore City Passenger Railway Co. v. TannerCourt of Appeals of Maryland · 1900
- Judd v. BallardSupreme Court of Vermont · 1894
- Wyant v. CrouseMichigan Supreme Court · 1901
- Canadian Pac. Ry. Co. v. ClarkCourt of Appeals for the Second Circuit · 1896
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