Hutchinson v. Town of Concord
Supreme Court of Vermont
ACTION on the case for damages sustained by the plaintiff on a. highway in the town of Concord. Plea, the general issue. Trial by jury, September term, 1867, Steele, J., presiding. The following are the facts which the plaintiff’s evidence tended, to establish.
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ACTION on the case for damages sustained by the plaintiff on a. highway in the town of Concord. Plea, the general issue. Trial by jury, September term, 1867, Steele, J., presiding. The following are the facts which the plaintiff’s evidence tended, to establish. On the evening of the 4th day of February, 1865, as the plaintiff was walking .with all proper care at the foot of a hill in one of the principal streets of the village of West Concord, which street was a portion of the public highway, which the defendants were bound to keep in repair, he was suddenly overtaken and hit by a sled on…
1Opinion of the Court
The opinion of the court was delivered by
PecK, J.
The injury for which the plaintiff seeks to recover, was caused by being hit by a sled with which a boy was coasting upon the highway along which the plaintiff was walking, in the village of West Concord. It is stated in the exceptions, that The accident did not arise from any want of repair in the sur*273face of tbe highway, but did arise from the plaintiff’s being struck by the sled.” It is further stated that “ the plaintiff claimed that the town were liable because they had neglected to forbid coasting upon that street.” The proposition of the…
2Cited by16 opinions
- Burford v. City of Grand RapidsMichigan Supreme Court · 1884
- Jones v. City of WilliamsburgSupreme Court of Virginia · 1900
- Shea v. PiletteSupreme Court of Vermont · 1937
- Lincoln v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Faulkner v. City of AuroraIndiana Supreme Court · 1882
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