Legal Opinion

Fassett v. Town of Roxbury

Supreme Court of Vermont

Decided May 15, 1883PublishedCited by 35 opinions

Case for injury on a highway. Plea, general issue ; and trial by jury, September Term, 1881, Redfield, J., presiding. Verdict for the plaintiff.

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Case for injury on a highway. Plea, general issue ; and trial by jury, September Term, 1881, Redfield, J., presiding. Verdict for the plaintiff. The notice as to the place of accident and injuries was : “ An open, public highway in said town of Roxbury, leading from the west, or depot village in said town of Roxbury, to the depot village in the town of Northfield, and that when near the railroad crossing which is between the dwelling house of Azro Simonds in said town of Roxbury, and the dwelling house of Marshall Latham in said town of Roxbury, and on the easterly side of the said railroad…

1Opinion of the Court

The opinion of the court was delivered by

Rowell, J.

Defendant contends that the notice does not designate the place of injury with sufficient certainty, nor sufficiently describe the bodily injuries for which recovery is sought. It is claimed that the notice locates the place of injury between a point about five or six rods easterly of the railroad crossing and Latham’s house, thus ranging a distance of some thirty-four or thirty-five rods, it being about forty rods from the crossing to Latham’s house. We think there is no great ambiguity in the notice in this respect, and that it is not very…

2Cases cited4 opinions

  1. Folsom v. Town of UnderhillSupreme Court of Vermont · 1864
  2. Briggs v. TaylorSupreme Court of Vermont · 1855
  3. Coates v. Town of CanaanSupreme Court of Vermont · 1878
  4. Reynolds v. City of BurlingtonSupreme Court of Vermont · 1880

3Cited by35 opinions

  1. Forcier v. Grand Union Stores, Inc.Supreme Court of Vermont · 1970
  2. McAndrews v. LeonardSupreme Court of Vermont · 1926
  3. State v. BishopSupreme Court of Vermont · 1969
  4. State v. NealeSupreme Court of Vermont · 1985
  5. State v. CoburnSupreme Court of Vermont · 1960

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