Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont: Reported by the Judges of Said Court, Agreeably to a Statute Law of the State, 88. köide |
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Common terms and phrases
admissible agreement alleged amount appears applied assumpsit attached Bank Bellows Falls beneficiary bill bonds box boards by-laws certificate charge Chittenden County claim Company contract contributory negligence corporation counsel court of chancery court of equity culvert damages declaration decree deed defendant excepted defendant's delivered demurrer directed verdict entitled equity error evidence tended execution fact fendant ground HASELTON Headle held husband injury issue judgment land liability Lucius Gordon lumber Mass matter ment misjoinder mortgage motion MUNSON negligence notice objection October 14 officer orator orator's overruled paid parties payment person petitioner piano plaintiff possession purchase question railroad real estate reason receipt receiptors received recover referred respondent respondent's rule Rutland Rutland Railroad statute street sufficient suit Taplin TAYLOR tended to show Term testator testified testimony thereof tiff tion town Trial by jury trustee verdict WATSON wife Windham County witness writ
Popular passages
Page 302 - On the trial and at the close of the evidence the trial court instructed the jury to return a verdict in favor of the plaintiff for the...
Page 210 - W. 246, where, as appears to me, the correct rule is laid down concerning negligence, namely, that the negligence which is to preclude a plaintiff from recovering in an action of this nature, must be such as that he could, by ordinary care, have avoided the consequences of the defendant's negligence.
Page 182 - At the close of the evidence, the defendant moved for a directed verdict upon the ground that there was no evidence to sustain a verdict for the plaintiff.
Page 162 - The case went to trial upon the merits, and at the close of the evidence the court directed a verdict for the plaintiffs. The case was taken to the court of appeals of Georgia, where the judgment was affirmed. 3 Ga. App. 400, 60 SE 8. This writ of error to the court...
Page 516 - When the attorney was chargeable with negligence, his contract was violated, and the action might have been sustained immediately. Perhaps, in that event, no more than nominal damages may be proved, and no more recovered; but, on the other hand, it is perfectly clear, that the proof of actual damage may extend to facts that occur and grow out of the injury, even up to the day of the verdict. If so, it is clear the damage is not the cause of action.
Page 208 - That there was no evidence tending to show that the plaintiff was in the exercise of due care at the time she sustained the injury.
Page 47 - It is indeed the general rule that a policy, and the money to become due under it, belong, the moment it is issued, to the person or persons named in it as the beneficiary or beneficiaries, and that there is no power in the person procuring the insurance by any act of his, by deed or by will, to transfer to any other person the interest of the person named.
Page 466 - Then they shall bring out the damsel to the door of her father's house, and the men of her city shall stone her with stones that she die...
Page 118 - ... it is as much a matter of course for a court of equity to decree its specific performance as it is for a court of law to give damages for its breach.
Page 102 - The equity suit must result in a simplification or consolidation of the issues; if after the numerous parties are joined there still remain separate issues to be tried between . . . [the several parties], nothing has been gained by the court of equity's assuming jurisdiction.