Preston v. St. J. &. L. C. Rd.
Supreme Court of Vermont
This was an action on the case for the negligence of the defendant whereby the death of the plaintiff’s intestate was occasioned. Heard at the December term, 1890, Caledonia county, Tyler, J., presiding, upon the defendant’s demurrer to the plaintiff’s declaration. The demurrer was overruled and the defendant excepted.
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This was an action on the case for the negligence of the defendant whereby the death of the plaintiff’s intestate was occasioned. Heard at the December term, 1890, Caledonia county, Tyler, J., presiding, upon the defendant’s demurrer to the plaintiff’s declaration. The demurrer was overruled and the defendant excepted. The first count in the declaration was as follows : “In a plea of the case for that heretofore to wit, on the 19th day or October, 1889, and for a long time before, to wit, at Concord in Essex county, to wit, at St. Johnsbury aforesaid, the defendant was and had bee'n the owner…
1Opinion of the CourtTaft, J.
The question of a misjoinder of counts was ruled against the defendant in Ranney, Admr. v. St. J. & L. C. R. Co. heard at this term ante, p. 277.
It is claimed that the several counts are defective. The phraseology of the allegation of the breach of the defendant’s duty differs in some respects in the different counts, but there is a substantial allegation in each one, either that the defendant furnished the plaintiff with cars insufficiently, carelessly and negligently constructed, and of unfit material, or, with cars unsafe or unfit for the plaintiff to use, or, with cars insufficiently and…
2Cases cited2 opinions
- Wheeler v. WheelockSupreme Court of Vermont · 1860
- Noyes v. White River Turnpike Co.Supreme Court of Vermont · 1839
3Cited by2 opinions
- Moore v. Catawba Power Co.Supreme Court of South Carolina · 1904
- Bouchard v. Central Vermont Railway Co.Supreme Court of Vermont · 1914