Loveland v. Town of Berlin
Supreme Court of Vermont
Pent roads, liability of towns for their insufficiency. Action on ti-ie case, to recover damages for an injury to a colt, sustained by reason of the want of repairs on a pent road. Plea, the general issue; trial by jury, September Term, 1853 —Poland, J., presiding.
Read the full summary
Pent roads, liability of towns for their insufficiency. Action on ti-ie case, to recover damages for an injury to a colt, sustained by reason of the want of repairs on a pent road. Plea, the general issue; trial by jury, September Term, 1853 —Poland, J., presiding. The plaintiff’s evidence tended to prove that said pent road left the public road near the plaintiff’s house, and crossed a pasture of the plaintiff, and was used by the occupants of several farms, for the purpose of reaching the public highway. It had, for many years, been an open highway, but in 1846 the selectmen of Berlin…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The only question raised in this case relates to the liability of towns for damages sustained by individuals by reason of the insufficiency of what are usually denominated pent roads.
We apprehend this question has been virtually decided in the case of Whitingham v. Bowen et als., 22 Vt. 317.
The defendants had preferred their petition to have a committee appointed to lay out a public highway, and the county court upon such petition had appointed commissioners, and they reported that a pent road should be laid out; and their report was…
2Cases cited2 opinions
- Warren v. BunnellSupreme Court of Vermont · 1839
- Town of Whitingham v. BowenSupreme Court of Vermont · 1850
3Cited by2 opinions
- Brock v. Town of BarnetSupreme Court of Vermont · 1884
- Wolcott v. WhitcombSupreme Court of Vermont · 1867