Holley v. Winooskie Turnpike Co.
Supreme Court of Vermont
THIS was an action upon the case, brought under the statute, to recover the damages sustained in the loss of a horse, killed in falling from the bridge erected by the Winooskie Turnpike Company, upon their road, over Onion river, in Waterbury. At the January term of this Court, 1825, there was a trial and verdict for the defendants; whereupon, exceptions being taken, the parties entered into a rule, to abide the judgment of the Court, upon the following case stated.
Read the full summary
THIS was an action upon the case, brought under the statute, to recover the damages sustained in the loss of a horse, killed in falling from the bridge erected by the Winooskie Turnpike Company, upon their road, over Onion river, in Waterbury. At the January term of this Court, 1825, there was a trial and verdict for the defendants; whereupon, exceptions being taken, the parties entered into a rule, to abide the judgment of the Court, upon the following case stated. On the trial of the issue in the above cause, the following facts appeared in evidence, to wit. That in the ihonth of February,…
1Opinion of the CourtRoyce, J.
Two questions are presented by this case, as stated and submitted by the parties ; first, whether the bridge was out of repair : and, secondly, if it was, whether the loss sustained by the plaintiff is attributable to the deficiency of the bridge. That the grounds of our opinion might appear more distinctly on the record, the case should have given the dimensions of the bridge; *80^ut as it does not, and the cause has proceeded without objection on that account, we shall act upon our knowledge of the facts omitted, as if they .appeared in the case.
Daniel Chipman, R. B. Bates, and Seymour S/…
2Cited by1 opinion
- Kelsey v. Town of GloverSupreme Court of Vermont · 1843