Legal Opinion

Ford v. Town of Braintree

Supreme Court of Vermont

Decided October 15, 1891PublishedCited by 7 opinions

Action on tlie case to recover damages occasioned by an insufficient culvert. Trial by jury at the June term, Orange county, 16(89, Taft, J., presiding. At the close of the plaintiff’s case the court directed a verdict for the defendant, to which the plaintiff excepted. The case appears in the opinion. The question of sufficiency is one of fact for the jury.

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Action on tlie case to recover damages occasioned by an insufficient culvert. Trial by jury at the June term, Orange county, 16(89, Taft, J., presiding. At the close of the plaintiff’s case the court directed a verdict for the defendant, to which the plaintiff excepted. The case appears in the opinion. The question of sufficiency is one of fact for the jury. Sessions v. Newport, 23 Yt. 9 ; Washburn v. Woodstock, 49 Yt. 503. When an injury is the natural or probable result of negligence an action accrues. Forney v. G-eldmiacher, 75 Mo. 113; Templeton v. Montpelier, 56 Yt. 328 ; Am. Rep. 41, 53…

1Opinion of the Court

*145The opinion of the court was delivered by

TYLER, J.

Prior to the passage of the Act of 1880, towns were liable for damages that arose from the insufficiency or want of repair of their highways and bridges. By No. 62 of the Act of the Legislature of that year their liability was restricted to damages that arose from the insufficiency of bridges of not less that eight feet span. Act. No. 13, Laws of 1882, upon which this action was brought, enlarges the scope of the Act of 1880 and extends that liability to include damages caused by means of the insufficiency or want of repair of culverts and…

2Cited by7 opinions

  1. Widham v. Town of BrattleboroSupreme Court of Vermont · 1933
  2. Wagner, Admr. v. Village of WaterburySupreme Court of Vermont · 1938
  3. Wilder v. ConcordSupreme Court of New Hampshire · 1903
  4. Latulippe v. City of BurlingtonSupreme Court of Vermont · 1919
  5. Zeno's Bakery, Inc. v. StateSupreme Court of Vermont · 1933

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