Leicester v. Town of Pittsford
Supreme Court of Vermont
This was an action of trespass on the case brought to recover damages occasioned to the plaintiff, alleging the insufficiency and want of repair of a certain public road in the town of Pitts-ford, which it was the duty of said town to keep in repair, whereby the plaintiff in passing in a sleigh, drawn by two horses, for want of a sufficient railing to guard said road, was precipitated down a declivity, and one of his horses maimed and ruined.
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This was an action of trespass on the case brought to recover damages occasioned to the plaintiff, alleging the insufficiency and want of repair of a certain public road in the town of Pitts-ford, which it was the duty of said town to keep in repair, whereby the plaintiff in passing in a sleigh, drawn by two horses, for want of a sufficient railing to guard said road, was precipitated down a declivity, and one of his horses maimed and ruined. The bill of exceptions from the county court comprises a great variety of facts evidenced on the trial, tending to prove the allegations ; and also…
1Opinion of the Court
The opinion of the court was delivered by
Mattock.s, J.
— 'There is one part of the charge in this case that we consider as incorrect, and therefore the other parts of the case need not be reviewed: it is that wherein the bill of exceptions says, “ But the court charged the jury, ‘ that a good, substantial railing was necessary, sufficient to resist teams that should run against the same.’ ” This part of the charge was in answer to a request of the defendants to instruct the jury, “ that on the road in question, and at the hill in question, no railing was necessary. The question whether a road…
2Cases cited1 opinion
- Noyes v. Town of MorristownSupreme Court of Vermont · 1828
3Cited by3 opinions
- Sessions v. Town of NewportSupreme Court of Vermont · 1847
- Campbell v. Town of Fair HavenSupreme Court of Vermont · 1882
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