Folsom v. Town of Underhill
Supreme Court of Vermont
This was an action to recover damages for an injury occasioned to the plaintiff through, the insufficiency of a bridge in Underhill. Plea, the general issue, and trial by jury at the September Term, 1863, Pierpoint, J., presiding.
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This was an action to recover damages for an injury occasioned to the plaintiff through, the insufficiency of a bridge in Underhill. Plea, the general issue, and trial by jury at the September Term, 1863, Pierpoint, J., presiding. The plaintiff’s testimony tended to prove that at the time of the injury complained of, which was July 23d, 1862, he was driving a stage coach, weighing 1750 pounds, with four horses attached, loaded with eight passengers, from Essex Junction to Cambridge via Underhill Flats; that when he approached the bridge crossing Brown’s River he stopped his team and three of…
1Opinion of the CourtKellogg, J.
To sustain the plaintiff’s action in this case, it-was necessary for him to establish the fact that the highway or bridge where he received the injury of which ho complains was a highway or bridge which the town of Underhill was, at the time of receiving the injury, liable by law to keep in repair. Nq question was made on the trial in respect to the insufficiency and want of repair of the bridge, as alleged in the plaintiff’s, declaration, but it was claimed that the road in question never was a highway which the town was liable to keep in repair. The plaintiff did not claim that this alleged…
2Cases cited2 opinions
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
- Hutchinson v. GrangerSupreme Court of Vermont · 1841
3Cited by34 opinions
- T. & P. R'y Co. v. CurryTexas Supreme Court · 1885
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- McAndrews v. LeonardSupreme Court of Vermont · 1926
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
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