German v. Bennington & Rutland Railroad
Supreme Court of Vermont
Case. Plea, tbe general issue. Trial by jury at tbe March term, 1898, Rutland county, Start, J., presiding. Verdict and judgment for tbe plaintiff." Tbe defendant excepted.
1Opinion of the CourtRowell, J.
Tbis is case for negligence in running over and killing plaintiffs child, twenty-one months old.
By pleading tbe general issue and going to trial thereon after the demurrer to tbe declaration was overruled, instead *71of standing on the demurrer and submitting to a judgment of quod recuperet, the demurrer was waived. This court has repeatedly so held. Rea v. Harrington, 58 Vt. 181; Houston v. Brush, 66 Vt. 331; Grand Isle v. Kinney, 70 Vt. 381. And this is the rule everywhere, unless otherwise by statute. 6 Ency. Pl. & Pr. 363. “Who ever heard,” says Chief Justice Nelson in Jones v. Thompson, 6…
2Cases cited6 opinions
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Rea v. HarringtonSupreme Court of Vermont · 1885
- Campbell v. WilcoxSupreme Court of the United States · 1871
- Lindsay v. Canadian Pacific RailroadSupreme Court of Vermont · 1896
- Town of Grand Isle v. KinneySupreme Court of Vermont · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Berry and Berry v. BartonSupreme Court of Oklahoma · 1902
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Dent v. Bellows Falls & Saxtons River Street Railway Co.Supreme Court of Vermont · 1922
- White's Admrx. v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
- Castonguay v. Grand Trunk Railway Co.Supreme Court of Vermont · 1917
12 more not listed; retrieve them via the Exa API.