PATON v. SAWYER

No. 19-74.

370 A.2d 215 (1976)

Roland C. PATON, Admr. of the Estate of Antonio J. Tremblay, Jr. v. Edward G. SAWYER.

Supreme Court of Vermont.

Motion for Reargument Denied February 1, 1977.


Attorney(s) appearing for the Case

Oreste V. Valsangiacomo, Jr., of Richard E. Davis Associates, Inc., Barre, for plaintiff.

Frederick deG. Harlow of Ryan, Smith & Carbine, Ltd., Rutland, for defendant.

Before BARNEY, C. J., and SMITH, DALEY, LARROW, and BILLINGS, JJ.


BARNEY, Chief Justice.

Two brothers coming down a private road on a snowmobile had a horrible accident. They were following a second snowmobile, traveling after dark, when the lead machine struck a chain barrier stretched across the road. The chain was thrown up and when it came down, the second driver ducked, but the chain caught his brother, the passenger, across the neck and decapitated him. Neither driver was injured.

Suit was brought on behalf of the...

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