Clark v. Town of Corinth
Supreme Court of Vermont
ACTION on the case, for an injury sustained by tbe plaintiff by reason of the insufficiency of a highway in the town of Corinth. Plea, the general issue. Trial by jury, December term, 1867, Orange county, Peck, J., presiding. Verdict for the plaintiff.
Read the full summary
ACTION on the case, for an injury sustained by tbe plaintiff by reason of the insufficiency of a highway in the town of Corinth. Plea, the general issue. Trial by jury, December term, 1867, Orange county, Peck, J., presiding. Verdict for the plaintiff. It was conceded on the trial that the road in question was one which the defendant town was bound to keep in repair, and that at the time in question the road was insufficient and out of repair, and no question was made by the defendants’ counsel but that the injury complained of was caused by the insufficiency of the road. It appeared that on…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
It is agreed that the plaintiff while traveling over the defendants’ road met with the accident and suffered the injury he complains of and that the accident was occasioned by the dangerous condition of the road which was caused by a suddén freshet. The true issues in the county court, as the case presented itself upon the evidence, wore, first, was the town in fault for not having' put the road in repair after the freshet and before the accident; and, secondly, did a want of ordinary prudence on the part of the plaintiff contribute to cause…
2Cited by4 opinions
- Graves v. Town of WaitsfieldSupreme Court of Vermont · 1908
- Ward v. Town of JeffersonWisconsin Supreme Court · 1869
- Shanley v. HurleySupreme Court of Vermont · 1922
- Spear v. Town of LowellSupreme Court of Vermont · 1874