Harding v. Town of Townsend
Supreme Court of Vermont
This was an action on the case for damages sustained by the plaintiff by reason of an insufficiency of a highway of the defendant. Trial September term, 1869, Barrett, J., presiding. Upon the trial, the contest was wholly with reference to the amount of damages the plaintiff was entitled to recover.
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This was an action on the case for damages sustained by the plaintiff by reason of an insufficiency of a highway of the defendant. Trial September term, 1869, Barrett, J., presiding. Upon the trial, the contest was wholly with reference to the amount of damages the plaintiff was entitled to recover. The plaintiff was a witness, and on cross-examination the defendant asked him if he had not received money from an accident insurance company on account of the injuries for which he claimed to recover, to which the plaintiff objected, but the court overruled the objection and permitted the inquiry…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
There is no technical ground which necessarily leads to the conclusion that the money received by the plaintiff of the accident insurance company should operate as a defense, or enure to the benefit Gf the defendant. The insurer and the defendant are not joint tortfeasors or joint debtors so as to make a payment or satisfaction by the former operate to the benefit of the latter. Nor is there any legal privity between the defendant and the insurer so as to give the former a right to avail itself of a payment by the latter. The policy of…
2Cases cited1 opinion
- Propeller Monticello v. MollisonSupreme Court of the United States · 1855
3Cited by42 opinions
- DeCespedes v. Prudence Mut. Cas. Co. of Chicago, Ill.District Court of Appeal of Florida · 1966
- Drinkwater v. . DinsmoreNew York Court of Appeals · 1880
- Standard Oil Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1946
- Legg v. BrittonSupreme Court of Vermont · 1890
- Cunnien v. Superior Iron Works Co.Wisconsin Supreme Court · 1921
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