Kent v. Town of Lincoln
Supreme Court of Vermont
Case for an injury to the plaintiff, occasioned by the insufficiency of a highway which the defendant was bound to keep in repair. Plea, the general issue, and trial by jury, at the June Term, 1859, — Bennett, J., presiding. No question was made but that the plaintiff, on or about the 3d day of May, 1858, received a personal injury by being thrown from his wagon while crossing a water bar upon a highway, which it was the duty'of the defendant to keep in repair.
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Case for an injury to the plaintiff, occasioned by the insufficiency of a highway which the defendant was bound to keep in repair. Plea, the general issue, and trial by jury, at the June Term, 1859, — Bennett, J., presiding. No question was made but that the plaintiff, on or about the 3d day of May, 1858, received a personal injury by being thrown from his wagon while crossing a water bar upon a highway, which it was the duty'of the defendant to keep in repair. The defense was placed upon the grounds that the water bar was a proper and suitable one in that place; that the road was not out of…
1Opinion of the CourtPoland, J.
I. The question raised by the motion in arrest is whether it was necessary for the plaintiff to set forth in his declaration that, within thirty days after his injury upon the highway, he gave notice to one of the selectmen of Lincoln of the same, and that he should claim damages of the town therefor. It is not claimed by the plaintiff but that his case comes within the act of 1855, requiring such notice to be given in all this class of cases, arising subsequent to that act. It is insisted on the part of the defendant that this notice is a necessary element of the plaintiff’s cause of action…
2Cited by49 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
- City of Delphi v. LoweryIndiana Supreme Court · 1881
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