McCarthy's Admr. v. Village of Northfield
Supreme Court of Vermont
Case for negligence. Heard on demurrer to the whole declaration, at the March Term, 1912, Washington County, Waterman, J., presiding. Demurrer sustained and declaration adjudged insufficient. The plaintiff excepted. The opinion states the case.
1Opinion of the CourtPowers, J.
This is an action on the case for negligence resulting in the death of the plaintiff’s intestate while engaged in the defendant’s service. The defendant filed a motion for a more certain, definite and particular declaration, and also demurred, both generally and specially. The demurrer was sustained, and the ease comes here on the plaintiff’s exceptions before trial on the merits. .
The demurrer is to the whole declaration; so if any one of the thirteen counts which it contains is good, and there is no misjoinder, the demurrer fails. Woodstock v. Hancock, 62 Vt. 348, 19 Atl. 991; Mixer v.…
2Cases cited8 opinions
- Lyman v. Central Vermont R. R.Supreme Court of Vermont · 1886
- Royce v. MaloneySupreme Court of Vermont · 1886
- Wiggins v. E. Z. Waist Co.Supreme Court of Vermont · 1910
- State ex rel. Ballard v. GreeneSupreme Court of Vermont · 1913
- Ingram's Admrx. v. Rutland RailroadSupreme Court of Vermont · 1913
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3Cited by3 opinions
- Collins v. Estate of CollinsSupreme Court of Vermont · 1932
- McCarthy's Admr. v. Village of NorthfieldSupreme Court of Vermont · 1915
- Price v. HoldenSupreme Court of Vermont · 1932