Hill v. Town of New Haven
Supreme Court of Vermont
.Action on the case, to recover damages for the death of the plaintiff’s intestate alleged to have been caused by the insufficiency of a certain highway in the town of New Haven. Plea, the general issue, and trial by jury, June Term, 1864, Pierpoint, J., presiding. On trial the plaintiff asked leave to enter a non-suit on the second count in his declaration, to which the defendant objected, but the court granted the request, and a non-suit in that count was entered.
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.Action on the case, to recover damages for the death of the plaintiff’s intestate alleged to have been caused by the insufficiency of a certain highway in the town of New Haven. Plea, the general issue, and trial by jury, June Term, 1864, Pierpoint, J., presiding. On trial the plaintiff asked leave to enter a non-suit on the second count in his declaration, to which the defendant objected, but the court granted the request, and a non-suit in that count was entered. The defendant then objected to the plaintiff’s proceeding to trial on the remaining count, upon the ground that he could not…
1Opinion of the Court
Poland, Ch. J.
All the requests made by the defendant’s counsel called upon the court to decide as matter of law, that the plaintiff was not entitled to recover against the town, because his own testimony proved that the negligence or carelessness of his intestate contributed at least, to produce the injury by which he lost his life ; and it is claimed that the refusal of the court to comply with these requests, and thus take the case away from the consideration of the jury, is a sufficient allegation of error against the judgment below.
In the first place it is said, that the plaintiff at…
2Cases cited5 opinions
- Lester v. Town of PittsfordSupreme Court of Vermont · 1835
- Briggs v. TaylorSupreme Court of Vermont · 1855
- Barber v. Town of EssexSupreme Court of Vermont · 1854
- Cassedy v. Town of StockbridgeSupreme Court of Vermont · 1849
- Sessions v. Town of NewportSupreme Court of Vermont · 1847
3Cited by29 opinions
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Brookshire v. BurkhartSupreme Court of Oklahoma · 1929
- State Ex Rel. Stasciewicz v. ParksCourt of Appeals of Maryland · 1925
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