Town of Newbury v. Conn. & Pass. Rivers Railroad
Supreme Court of Vermont
Action on the Case, brought by the town of Newbury to recover the amount that the plaintiffs had been compelled to pay on a judgment recovered against them, by one Abel Willard, for an injury to the wife of the said Abel, in consequence of the insufficiency of a highway in said Newbury; which injury the plaintiffs alleged happened by reason of the careless and willful acts of the defendants, by their engineers and agents.
Read the full summary
Action on the Case, brought by the town of Newbury to recover the amount that the plaintiffs had been compelled to pay on a judgment recovered against them, by one Abel Willard, for an injury to the wife of the said Abel, in consequence of the insufficiency of a highway in said Newbury; which injury the plaintiffs alleged happened by reason of the careless and willful acts of the defendants, by their engineers and agents. (See Willard v.- JKTew-Zwy, 22 Vt. 458.) The defendants filed a plea in bar, which was as follows : “ And now, at this term of said court, to wit, on the 15th day of “ June,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
The question here is, how far the town is precluded, by one recovery against the defendants, for damages sustained by their neglect, from all future recovery for damages sustained by reason of the same neglect. The neglect is one, but the damage is several, and may be successive, extending over considerable time. The omission of defendants was no cause of action against any one until some one was injured, and then not unless injured without their own fault. And it afforded no cause of action in favor of these plaintiffs against the…
2Cited by3 opinions
- Morse v. Town of RichmondSupreme Court of Vermont · 1868
- Skoglund v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1891
- Allamong v. FalkenhofOhio Court of Appeals · 1930