Bigelow v. Town of St. Johnsbury
Supreme Court of Vermont
Action op Tort to recover for death of intestate caused by defect in a culvert in highway. Plea, the general issue. Trial by jury at the June Term, 1917, Caledonia County, Fish, J., presiding. Verdict for the plaintiff. The defendant excepted. Approaches of a bridge are whatever is necessary to connect the bridge with the public roads or streets, either at the end thereof or to make such roads or streets conform to the grade of the bridge.
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Action op Tort to recover for death of intestate caused by defect in a culvert in highway. Plea, the general issue. Trial by jury at the June Term, 1917, Caledonia County, Fish, J., presiding. Verdict for the plaintiff. The defendant excepted. Approaches of a bridge are whatever is necessary to connect the bridge with the public roads or streets, either at the end thereof or to make such roads or streets conform to the grade of the bridge. Tinkham v. Stochbridge, 64 Vt. 480; Chicago v. Pittsburgh, etc., R. R. Co., 247 Ill. 319; City of Bloomington v. Illinois Cent. R. Co., 49 Ill. App. 129;…
1Opinion of the CourtWatson, C. J.
The defendant contends that the culvert in question had no approaches, within the meaning of the law, and consequently the plaintiff must show that the defect which caused the death of the decedent was in the drain pipe itself and not in any part of the dirt highway which extends over it; that, unless the defect was in the pipe itself, it was not an insufficiency of the culvert which caused the accident. But in this contention the defendant fails to recognize the possibility of liability upon the evidence because of an insufficiency of the culvert for want of a railing or guard suitable to…
2Cases cited6 opinions
- Wentworth v. Town of WaterburySupreme Court of Vermont · 1916
- In re Howard's EstateSupreme Court of Vermont · 1908
- Morse v. TracySupreme Court of Vermont · 1917
- Eames v. Town of BrattleboroSupreme Court of Vermont · 1882
- Stearns v. GrahamSupreme Court of Vermont · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States v. StreidelCourt of Appeals of Maryland · 1993
- State v. HowardSupreme Court of Vermont · 1936
- Sharby v. Town of FletcherSupreme Court of Vermont · 1924
- Stormo v. City of Dell RapidsSouth Dakota Supreme Court · 1955
- Widham v. Town of BrattleboroSupreme Court of Vermont · 1933
9 more not listed; retrieve them via the Exa API.