Foy v. Central Vermont R. R.
Supreme Court of Vermont
Case for the negligence of the defendant, resulting in the death of the plaintiff’s intestate. Plea, the general issue. Trial by jury at the April term, 1892, Taft, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The opinion states the case. The court certifies that he “understood the defendant to abandon the point made by its evidence.” The question is not what the court understood, but what the defendant did in fact concede.
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Case for the negligence of the defendant, resulting in the death of the plaintiff’s intestate. Plea, the general issue. Trial by jury at the April term, 1892, Taft, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The opinion states the case. The court certifies that he “understood the defendant to abandon the point made by its evidence.” The question is not what the court understood, but what the defendant did in fact concede. In order to bind a party his concession must be an explicit one. Thomp. Trials s. 201. The exception of the defendant to the refusal of…
1Opinion of the CourtTyler, J.
The declaration was in case for negligence, “for that the defendant furnished him (the intestate) and put him as such servant in charge and management of a certain car, which, as the defendant well knew, was unsafe and wholly unfit for use, and was not equipped or provided with sufficient, proper and safe appliances for braking and stopping,” whereby the intestate was thrown from the car and killed.
The plaintiff did not claim at the trial that the car was defective otherwise than in respect to its brake. The burden was upon her to show that the brake was defective, that the defendant knew it,…
2Cases cited4 opinions
- Wilmot v. HowardSupreme Court of Vermont · 1867
- Goodwin v. PerkinsSupreme Court of Vermont · 1867
- Cady v. OwenSupreme Court of Vermont · 1861
- Murdock v. HicksSupreme Court of Vermont · 1878
3Cited by1 opinion
- Dalton v. Post Publishing Co.Massachusetts Supreme Judicial Court · 1952