Harding v. Town of Townshend
Supreme Court of Vermont
Action on the case for an injury on the highway to the plaintiffs’ wagon. Plea, the general issue. Trial by jury, September term, 1868, Barrett, J., presiding. The plaintiffs introduced testimony to prove the injury to the wagon and other proper items of claim — and then offered to testify that they were deprived of the use of the wagon twelve days, while it was being repaired, and that it was a loss to them in their business of five dollars a day.
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Action on the case for an injury on the highway to the plaintiffs’ wagon. Plea, the general issue. Trial by jury, September term, 1868, Barrett, J., presiding. The plaintiffs introduced testimony to prove the injury to the wagon and other proper items of claim — and then offered to testify that they were deprived of the use of the wagon twelve days, while it was being repaired, and that it was a loss to them in their business of five dollars a day. To this evidence the defendants objected; but the court admitted the testimony, and the defendants excepted. The defendants requested the court to…
1Opinion of the Court
The opinion of the court was delivered by.Prout, J.
This case we are unable to distinguish in principle from Whitcomb v. Barre, 37 Vt., 148. It was put to the jury, distinctly upon the point of a loss of the use of the wagon injured during the time it was being repaired, which did not involve the inquiry as to the loss of profits, meanwhile, in plaintiffs’ business. The jury being thus restricted by the court upon the question of damages, we think the case referred to must govern us in the decision of this. The judgment of the county court is affirmed.
2Cases cited1 opinion
- Whitcomb v. Town of BarreSupreme Court of Vermont · 1864
3Cited by7 opinions
- Cook v. Packard Motor Car Co.Supreme Court of Connecticut · 1914
- Keyes v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886
- Atwood v. Boston Forwarding & Transfer Co.Massachusetts Supreme Judicial Court · 1904
- Ellis v. HiltonMichigan Supreme Court · 1889
- Lewis v. City of SpringfieldMassachusetts Supreme Judicial Court · 1927
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