Legal Opinion

Holman v. Edson

Supreme Court of Vermont

Decided March 4, 1908PublishedCited by 6 opinions

Case for negligence. Plea, the general issue: Trial by jury at the June Term, 1906, Orange County, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The exceptions do not show whether the court instructed the jury to disregard plaintiff’s improper answer. The opinion states the case.

1Opinion of the CourtMiles, J.

This is an action on the case for alleged negligence in the care of plaintiff’s horse. The negligence alleged was that the defendant kept the horse in a stall having a hole in it on the right hand side as one entered it, in which the horse received the injury resulting in its death. The defendant denied that there was any such hole and claimed that the injury to the horse resulted in a different manner from that claimed by the plaintiff, and without his fault.

The plaintiff testified in his own behalf, and among other things, testified on direct examination and without objection, that the hole…

2Cases cited3 opinions

  1. Cutler & Martin v. SkeelsSupreme Court of Vermont · 1896
  2. State v. MarshSupreme Court of Vermont · 1898
  3. Frary v. GushaSupreme Court of Vermont · 1886

3Cited by6 opinions

  1. B. F. Sturtevant Co. v. LeMars Gas Co.Supreme Court of Iowa · 1920
  2. Enos v. Owens Slate Co.Supreme Court of Vermont · 1932
  3. People v. RozewiczMichigan Supreme Court · 1924
  4. Steffani v. State of ArizonaArizona Supreme Court · 1935
  5. Sanders v. BurnhamSupreme Court of Vermont · 1917

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