Cushman & Rankin Co. v. Boston & Maine Railroad
Supreme Court of Vermont
Case for negligence. Pleas, the general issue and a special plea relying on a release under seal from the plaintiff to the defendant. Heard on demurrer to the replication at the December Term, 1908, Caledonia County, Taylor, J., presiding. Demurrer overruled, and replication adjudged sufficient. The defendant excepted. The opinion states the case. The replication is a departure from the declaration and at variance with it.
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Case for negligence. Pleas, the general issue and a special plea relying on a release under seal from the plaintiff to the defendant. Heard on demurrer to the replication at the December Term, 1908, Caledonia County, Taylor, J., presiding. Demurrer overruled, and replication adjudged sufficient. The defendant excepted. The opinion states the case. The replication is a departure from the declaration and at variance with it. This defect in pleading is reached by a general demurrer. 1 Chitty, 643-648 (13th Am. Ed.) ; Gould’s PI. 422-426 (4th Ed. 1861) ; Joslyn v. Taylor, 33 Vt. 470; Watson v.…
1Opinion of the CourtWatson, J.
The exceptions do not show the particular objections made below and there passed upon, by reason whereof it is urged that there are no questions before this Court, referring to Jenness v. Simpson, 81 Vt. 109, 69 Atl. 646. In State v. Schoolcraft, 72 Vt. 223, 47 Atl. 786, the exceptions stated the respects in which it was claimed in the court below the defects existed. In this Court those points were not presented in argument, but new ones not before raised were urged. It was held that the new points could not be considered. In Jenness v. Simpson, the demurrer was special assigning two causes.…
2Cases cited13 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- Connecticut Fire Insurance v. Erie Railway Co.New York Court of Appeals · 1878
- Harding v. Town of TownsendSupreme Court of Vermont · 1871
- Rockingham Mutual Fire Ins. v. BosherSupreme Judicial Court of Maine · 1855
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3Cited by20 opinions
- Ocean Accident & Guarantee Corp. v. Hooker Electrochemical Co.New York Court of Appeals · 1925
- Smith v. Yellow Cab Co.Supreme Court of Pennsylvania · 1926
- Northwestern Ohio Natural Gas Co. v. First Congregational ChurchOhio Supreme Court · 1933
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Powell v. . Water Co.Supreme Court of North Carolina · 1916
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