Marsigli's Admx. v. C. W. Averill Co.

Supreme Court of Vermont

Marsigli's Admx. v. C. W. Averill Co.

185 A.2d 734, 123 Vt. 237, 1962 Vt. LEXIS 233

DecidedNovember 7, 1962

StatusPublished

This text of 185 A.2d 734 (Marsigli's Admx. v. C. W. Averill Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marsigli's Admx. v. C. W. Averill Co., 185 A.2d 734, 123 Vt. 237, 1962 Vt. LEXIS 233 (Vt. 1962).

Pincite

Opinion

Barney, J.

This is a companion case to Olga Marsigli v. C. W. Averill Co., Inc., 123 Vt. 234, 185 A.2d 732. It was originally brought by Paul Marsigli, the husband of Olga Marsigli, for damages for loss of consortium in connection with the injuries claimed in the above-mentioned case. While the litigation was pending the husband died and the present plaintiff, as administratrix, was substituted.

[238]*238The defendant moved to dismiss the action in the lower court on the ground that the claim for damages did not survive the plaintiff husband. The motion was granted. On argument in this Court, both sides conceded that an affirmance of the defendant’s verdict in the principal case would dispose of this matter adversely to the plaintiff here. Since that result has come about, the defendant prevails here also.

Judgment Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Barney, J.

This is a companion case to Olga Marsigli v. C. W. Averill Co., Inc., 123 Vt. 234, 185 A.2d 732. It was originally brought by Paul Marsigli, the husband of Olga Marsigli, for damages for loss of consortium in connection with the injuries claimed in the above-mentioned case. While the litigation was pending the husband died and the present plaintiff, as administratrix, was substituted.

[238]*238The defendant moved to dismiss the action in the lower court on the ground that the claim for damages did not survive the plaintiff husband. The motion was granted. On argument in this Court, both sides conceded that an affirmance of the defendant’s verdict in the principal case would dispose of this matter adversely to the plaintiff here. Since that result has come about, the defendant prevails here also.

Judgment Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

185 A.2d 734, 123 Vt. 237, 1962 Vt. LEXIS 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marsiglis-admx-v-c-w-averill-co-vt-1962.

Opinion

Related

Cite This Page — Counsel Stack