Legal Opinion

Durgin v. Town of Danville

Supreme Court of Vermont

Decided October 15, 1874PublishedCited by 6 opinions

Case for injury to the plaintiff Mrs. Durgin on a highway. Plea, tbe general issue, and trial by jury and verdict for tbe plaintiffs, September term, 1873, Washington county, Peck, J., presiding. It was claimed by the plaintiffs, and their evidence tended to show, that Mrs. Durgin was seriously injured, externally and internally, by being tipped over in a sleigh in going to a ball on the 19th of January, 1872, with her husband, to Danville Green.

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Case for injury to the plaintiff Mrs. Durgin on a highway. Plea, tbe general issue, and trial by jury and verdict for tbe plaintiffs, September term, 1873, Washington county, Peck, J., presiding. It was claimed by the plaintiffs, and their evidence tended to show, that Mrs. Durgin was seriously injured, externally and internally, by being tipped over in a sleigh in going to a ball on the 19th of January, 1872, with her husband, to Danville Green. It was claimed by the defendant that if any injury was sustained by her in consequence of the insufficiency of the highway, that insufficiency was…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

Some features of the argument that has been addressed to us in this and in another cause that has been heard at this term, indicate that to some extent the idea is abroad that the decision of the county court as to the loss of a paper, preliminary to the use of secondary evidence of its contents, is not revisable in this court. Such idea is not correct; for such decision is revisable, and is reversible, also, when it is erroneous in matter of law. The rules of law as to proof of loss are well defined in the books, and their application is…

2Cases cited2 opinions

  1. Thrall v. ToddSupreme Court of Vermont · 1861
  2. Lauer v. StateIndiana Supreme Court · 1864

3Cited by6 opinions

  1. Noyes, French & Fickett v. ParkerSupreme Court of Vermont · 1892
  2. de Nottbeck v. ChapmanSupreme Court of Vermont · 1919
  3. Whitney Wagon Works v. MooreSupreme Court of Vermont · 1888
  4. Williams v. MariniSupreme Court of Vermont · 1932
  5. Rublee v. BelmontSupreme Court of New Hampshire · 1882

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