Matthie v. Town of Barton
Supreme Court of Vermont
This was an action to recover damages for injuries sustained by the plaintiff by reason of the insufficiency of a public highway in. tbe town of Barton.
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This was an action to recover damages for injuries sustained by the plaintiff by reason of the insufficiency of a public highway in. tbe town of Barton. Plea, tbe general issue, and notice that the defendant would rely in defence on proof of an accord and satisfaction, and trial by jury, at the December Term, 1866, Peck, J., presiding.- The plaintiff’s evidence tended to show that be suffered material damage in his person and property ; that the same was caused without fault on his part, and by reason of the insufficiency of said highway, and that the requisite notice was given to one of the…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The character and manner of the argument in behalf of the plaintiff have led us to a fuller discussion of the subject than the importance of the question, or any difficulty involved in it, would seem to require. The plaintiff’s objection to the evidence tending to show that notice was not given to either of the selectmen rests on the assumption that, in order to render such evidence admissible, the lack of such notice should have been pleaded specially, or notice given under the general issue. A conclusive test *288of the validity of the…
2Cases cited3 opinions
- Kent v. Town of LincolnSupreme Court of Vermont · 1860
- Administrator of Whitney v. Town of ClarendonSupreme Court of Vermont · 1846
- Kidder v. JennisonSupreme Court of Vermont · 1849
3Cited by7 opinions
- Petraska v. National Acme Co.Supreme Court of Vermont · 1921
- Story v. DowneySupreme Court of Vermont · 1890
- Castle v. Town of GuilfordSupreme Court of Vermont · 1913
- Parker v. Town of PittsfieldSupreme Court of Vermont · 1914
- Worthen v. DickeySupreme Court of Vermont · 1881
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