(DOWNLOAD) "Rose Hastings Mullett v. Frank W. Milkey" by Supreme Court of Vermont ~ eBook PDF Kindle ePub Free
eBook details
- Title: Rose Hastings Mullett v. Frank W. Milkey
- Author : Supreme Court of Vermont
- Release Date : January 05, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This accident happened in the town of Bernardston, Massachusetts, when the plaintiffs intestate, a pedestrian on the highway, was struck and instantly killed by an automobile driven by the defendant. The cause of action is predicated upon Sec. 5, Chap. 229, of the General Laws of Massachusetts, which, so far as material, provides that: "a person, who by his negligence or by his wilful, wanton or reckless act.... causes the death of a person in the exercise of due care, who is not in his employment or service, shall be liable in damages in the sum of not less than five hundred nor more than ten thousand dollars, to be assessed with reference to the degree of his culpability.... to be recovered in an action of tort.... by the executor or administrator of the deceased. " The jury returned a verdict for the plaintiff to recover the sum of five hundred dollars. The plaintiff, being dissatisfied with this amount, moved to set the verdict aside and for a new trial on the issue of damages only. The motion was overruled and she excepted. She has also briefed two other exceptions taken during the trial, one to an instruction given to the jury, the other to the failure to give a requested instruction.