Herrick v. Town of Holland
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1909, Orleans County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. It appeared that on December 6, 1908, as plaintiff and her husband, in a wagon drawn by a horse driven by him, were riding over a public highway in defendant town, the horse stumbled and fell, thereby throwing plaintiff to the ground and injuring her.
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Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1909, Orleans County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. It appeared that on December 6, 1908, as plaintiff and her husband, in a wagon drawn by a horse driven by him, were riding over a public highway in defendant town, the horse stumbled and fell, thereby throwing plaintiff to the ground and injuring her. Shortly after the accident, and at the point where it occurred, two holes, six inches wide, six inches deep, and about two inches apart, were found in the…
1Opinion of the CourtRowell, C. J.
This is case for injury on a highway. It is objected that as the declaration does not allege that a notice in writing, made essential to recovery, was given as required by statute, no evidence concerning the giving of such a notice was admissible. But this was held the other way in Kent v. Lincoln, 32 Vt. 591. It makes no difference that now the statute requires the notice to be in writing but did not then.
The objection to the question put to the plaintiff’s medical expert, that it was incompetent, incomplete, without proper foundation, and did not properly, sufficiently, nor fully state the…
2Cases cited6 opinions
- Kent v. Town of LincolnSupreme Court of Vermont · 1860
- Magoon v. Boston & Maine Rd.Supreme Court of Vermont · 1894
- Fraser v. BlanchardSupreme Court of Vermont · 1909
- Tart v. FiskeMassachusetts Supreme Judicial Court · 1885
- Cleveland v. Town of WashingtonSupreme Court of Vermont · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- State v. StacySupreme Court of Vermont · 1932
- Smith v. MartinSupreme Court of Vermont · 1919
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- State v. OrlandiSupreme Court of Vermont · 1934
21 more not listed; retrieve them via the Exa API.