Harris v. Town of Townshend
Supreme Court of Vermont
Action to recover for injuries received while traveling on the highway. Trial by jury, September Term, 1882, Windham County, Rowell, J., presiding. Yerdict for the plaintiff. The accident, resulting in the 'damage sued for, occurred January 14th, 1876. This suit was commenced January 13th, 1882. The defendant filed a motion to dismiss the cause, on the ground that “there is no law or authority for prosecuting”''the same.
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Action to recover for injuries received while traveling on the highway. Trial by jury, September Term, 1882, Windham County, Rowell, J., presiding. Yerdict for the plaintiff. The accident, resulting in the 'damage sued for, occurred January 14th, 1876. This suit was commenced January 13th, 1882. The defendant filed a motion to dismiss the cause, on the ground that “there is no law or authority for prosecuting”''the same. The court overruled the motion, and held that, notwithstanding the St. of 1880, the plaintiff could maintain his action. Notice : “I met with an accident upom the highway or…
1Opinion of the Court
The opinion of the court was delivered by
Royoe, Ch. J.
An exception was taken upon the trial to the ruling of the court that the notice given to the defendant town was sufficient. The defect complained of was that it did not sufficiently describe the place where the accident happened. It was ‘conceded the question was one for the court to determine. Prom what appears in the exceptions, we think the ruling was correct. The notice pointed as plainly and directly to the place where the accident happened, as was reasonably practicable, having regard to its character and surroundings; and this is…
2Cases cited1 opinion
- Reed v. Town of CalaisSupreme Court of Vermont · 1875
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