Batty v. Town of Duxbury
Supreme Court of Vermont
This was an action in three counts, on the case for injuries sustained in consequence of the insufficiency of a highway in said town of Duxbury. The 1 and 2 counts set up the highway as being a public highway in said Duxbury, that the same was insufficient and out of repair, &c.
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This was an action in three counts, on the case for injuries sustained in consequence of the insufficiency of a highway in said town of Duxbury. The 1 and 2 counts set up the highway as being a public highway in said Duxbury, that the same was insufficient and out of repair, &c. The 3 count, “ that the said" highway “ was then and there insufficient and out of repair, and then and “ there was, and for a long space of time, to wit, six months, &c., “had been obstructed by a high embankment across said highway “where it was necessary for the plaintiff to pass in traveling said “ highway for a…
1Opinion of the Court
The opinion of the court was delivered by
Red field, J.
We have examined this case with some care, and have not been able to discover any good ground to distinguish it from that of Willard v. Newbury, in its principle. The facts are indeed somewhat different. But it seems to us the facts in that case were far more favorable to the town than in the present case. That portion of the road, in that case, where the injury occurred, was, for the time, altogether discontinued, and fenced up by the railroad, with the concurrence of the town authorities. And there was no possible mode in which this…
2Cases cited1 opinion
- Commonwealth v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1807
3Cited by17 opinions
- Requa v. . the City of RochesterNew York Court of Appeals · 1871
- Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
- Gates v. Pennsylvania R.Supreme Court of Pennsylvania · 1892
- Kenyon v. City of IndianapolisIndiana Superior Court · 1872
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