Town of Pawlet v. Rutland & Washington Railroad
Supreme Court of Vermont
Action on the case to recover the amonnt tlie plaintiffs had, been compelled to pay on a 'judgment recovered against them by one Willis Phelps, for an injury sustained by him in consequence of the insufficiency of a highway in the town of Pawlet, and the expenses incurred by the plaintiffs in defending said Phelps’ suit; ■which insufficiency of the highway tlie plaintiffs alleged was occasioned by the defendants placing and piling in said highway, divers rocks and stones to…
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Action on the case to recover the amonnt tlie plaintiffs had, been compelled to pay on a 'judgment recovered against them by one Willis Phelps, for an injury sustained by him in consequence of the insufficiency of a highway in the town of Pawlet, and the expenses incurred by the plaintiffs in defending said Phelps’ suit; ■which insufficiency of the highway tlie plaintiffs alleged was occasioned by the defendants placing and piling in said highway, divers rocks and stones to be used in constructing defendants’ railroad, and railroad bridges, and suffering the same to remain there for a long…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The question in this case is.important, as a practical one, though not, I apprehend, attended with any intrinsic difficulty. The plaintiffs had been compelled to pay to one Phelps, a sum of money to compensate him for damages sustained by him by reason of the insufficiency of a highway, which the town were bound to keep in repair; and the object of this suit is to recover an indemnity of the railroad company. The defendants had located their road through a part of the town of Pawlet; and they made a contract with Page ■& Eastman to build,…
2Cited by16 opinions
- Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Standard Oil Co. v. ParkinsonCourt of Appeals for the Eighth Circuit · 1907
- Bibb's Adm'r v. N. & W. R. R.Supreme Court of Virginia · 1891
- Morris v. TrudoSupreme Court of Vermont · 1909
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BerryIndiana Supreme Court · 1899
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