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Lake Champlain is a natural freshwater lake in North America. It mostly lies between the U.S. states of New York and Vermont, but also extends north into the Canadian province of Quebec.
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened. The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. A few circumstances exist where the but-for test is ineffective. Since but-for causation is very easy to show, a second test is used to determine if an action is close enough to a harm in a "chain of events" to be legally valid. This test is called proximate cause. Proximate cause is a key principle of insurance and is concerned with how the loss or damage actually occurred. There are several competing theories of proximate cause. For an act to be deemed to cause a harm, both tests must be met; proximate cause is a legal limitation on cause-in-fact.
Westport is a town in Essex County, New York, United States overlooking Lake Champlain. The population was 1,320 at the 2020 census.
Shelburne is a town in Chittenden County, Vermont, United States. Located along the shores of Lake Champlain, Shelburne's town center lies approximately 7 miles (11 km) south of the city center of Burlington, the largest city in the state of Vermont. As of the 2020 census, the population of Shelburne was 7,717.
Saint Albans, commonly abbreviated as St. Albans, is a town in Franklin County, Vermont, United States. As of the 2020 census, the population was 6,988. The town completely surrounds St. Albans City, which is a separate municipality.
Swanton is a village in the town of Swanton in Franklin County, Vermont, United States. It is sometimes called Swanton Village to distinguish it from the surrounding town of the same name. The population was 2,328 at the 2020 census. It was founded in 1888.
Respondeat superior is a doctrine that a party is responsible for acts of his agents. For example, in the United States, there are circumstances when an employer is liable for acts of employees performed within the course of their employment. This rule is also called the master-servant rule, recognized in both common law and civil law jurisdictions.
This article addresses torts in United States law. As such, it covers primarily common law. Moreover, it provides general rules, as individual states all have separate civil codes. There are three general categories of torts: intentional torts, negligence, and strict liability torts.
In tort common law, the defense of necessity gives the state or an individual a privilege to take or use the property of another. A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels, trespass to land, or conversion. The Latin phrase from common law is necessitas inducit privilegium quod jura privata. A court will grant this privilege to a trespasser when the risk of harm to an individual or society is apparently and reasonably greater than the harm to the property. Unlike the privilege of self-defense, those who are harmed by individuals invoking the necessity privilege are usually free from any wrongdoing. Generally, an individual invoking this privilege is obligated to pay any actual damages caused in the use of the property but not punitive or nominal damages.
George Herbert Prouty of Newport, Vermont, was a Republican member of the Vermont House of Representatives from 1896 to 1897; a member of Vermont State Senate from 1904 to 1906; the 46th lieutenant governor of Vermont from 1906 to 1908; the 52nd governor of Vermont from 1908 to 1910; and Delegate to the 1916 Republican National Convention.
Feres v. United States, 340 U.S. 135 (1950), combined three pending federal cases for a hearing in certiorari in which the Supreme Court of the United States held that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. The opinion is an extension of the English common-law concept of sovereign immunity.
Frederick Gleed Fleetwood was an American lawyer and politician from Vermont. He was most notable for his service as Secretary of State of Vermont and a U.S. Representative (1923–1925).
Henry Billings Brown was an American jurist who served as an associate justice of the Supreme Court of the United States from 1891 to 1906.
The eggshell rule is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them.
Loveland Munson was a Vermont attorney, politician and judge who served as President of the Vermont Senate and Chief Justice of the Vermont Supreme Court.
Legal archaeology is an area of legal scholarship "involving detailed historical reconstruction and analysis of important cases."
Olin Merrill Jeffords was a Vermont attorney and judge who served as chief justice of the Vermont Supreme Court. He was the father of Senator Jim Jeffords.
Harold C. Sylvester was a Vermont attorney, politician, and judge. He was most notable for his long service on the Vermont Superior Court, and as an associate justice of the Vermont Supreme Court from 1963 to 1964.
Charles May Swift (1854–1929) was the American businessman who founded Meralco, the largest electric utility and one of the leading companies of the Philippines, founded as the Manila Electric Railroad and Light Company, composed largely of Detroit and Pittsburght capital. Swift also founded the Philippine Railway Company Inc and several other railroads in Michigan.
Sand Bar State Park is a 15-acre (6.1 ha) state park in Milton, Vermont on the shore of Lake Champlain. The park was established in 1933.
References
- 1 2 3 4 5 6 7 8 9 10 Vogel, Joan (2001). "Cases in Context: Lake Champlain Wars, Gentrification and Ploof v. Putnam". St. Louis University Law Journal. 45: 791 – via HeinOnline.
- ↑ Cyr, Anna (September 22, 2022). "The island that time forgot". The Charlotte News. Retrieved November 13, 2023.
- 1 2 3 4 The Atlantic Reporter. Vol. 71. St. Paul: West Publishing Company. 1909. pp. 188–190.
- ↑ Henderson Jr., James A.; Kysar, Douglas A.; Pearson, Richard N. (2017). The Torts Process (9th ed.). New York: Wolters Kluwer. pp. 102–104. ISBN 9781454875697.
- ↑ The Atlantic Reporter. Vol. 75. St. Paul: West Publishing Co. 1910. pp. 277–280.
- ↑ John W. Redmond (1910). Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont, Volume 83.