Desmarchier v. Frost
Supreme Court of Vermont
Tort for Negligence. Plea, the general issue. Trial by-jury at tbe March Term, 1916, Franklin County, Slack, J., presiding. Verdict and judgment for defendant. The plaintiff excepted. The defendant was engaged in the business of running an automobile livery and was employed by the plaintiff to carry him from St. Albans to Burlington.
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Tort for Negligence. Plea, the general issue. Trial by-jury at tbe March Term, 1916, Franklin County, Slack, J., presiding. Verdict and judgment for defendant. The plaintiff excepted. The defendant was engaged in the business of running an automobile livery and was employed by the plaintiff to carry him from St. Albans to Burlington. While on the journey the automobile suddenly left the central track of the highway and struck against the guard rail and posts of a bridge, in consequence whereof the plaintiff was injured. The evidence tended to show that the road for several rods on either side…
1Opinion of the CourtPowers, J.
The plaintiff sues for personal injuries sustained while a passenger for hire in an automobile owned and *143operated by the defendant. The verdict and judgment were for the defendant and the ease comes here on the plaintiff’s exceptions.
The plaintiff engaged the defendant to carry him from St. Albans to Burlington. It was in November and the ground had frozen the night before. When within a mile or two of the place of the accident, the defendant observed that the road was thawing out and getting muddy. As the car was running along on a straight, smooth, somewhat crowning piece of road and was…
2Cases cited7 opinions
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Holt v. BroeckSupreme Court of Minnesota · 1916
- Duggan v. HeaphySupreme Court of Vermont · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Humphrey v. Twin State Gas & Electric Co.Supreme Court of Vermont · 1927
- Riggsby v. TrittonSupreme Court of Virginia · 1925
- Landry v. HubertSupreme Court of Vermont · 1927
- Mares v. New Mexico Public Service Co.New Mexico Supreme Court · 1938
- Tinney v. CrosbySupreme Court of Vermont · 1941
9 more not listed; retrieve them via the Exa API.