Parker v. Town of Pittsfield
Supreme Court of Vermont
Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1912, Rutland County, Waterman, J. presiding.
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Case for negligence. Plea, the general issue. Trial by jury at the September Term, 1912, Rutland County, Waterman, J. presiding. The notice to the town stated that the plaintiff, on the day named, was injured and sustained damages by reason of the insufficiency and want of repair of a culv.ert in a highway in said town of Pittsfield, etc.; that the place “was at the culvert in the highway known as the ‘Liberty Hill Road’ in said town of Pittsfield, which said culvert is located about ten rods southerly from the point of the junction of the said Liberty Hill Road, so-called, with the highway…
1Opinion of the CourtWatson, J.
It is urged that the admission of the notice in evidence without objection was a waiver of any objection that might have been made against it. But this is not so. By statute (P. S. 4031), “No action shall be had or maintained in any court against a town for injuries received'or damages sustained through the insufficiency of a bridge or culvert, unless notice is first given in writing, signed by the party so injured or claiming damage, to one or more of the selectmen of the town in which the bridge or culvert is situated, # * * stating the time when and the place where the injury was received,…
2Cases cited8 opinions
- Kent v. Town of LincolnSupreme Court of Vermont · 1860
- Law v. Town of FairfieldSupreme Court of Vermont · 1874
- Harris v. Town of TownshendSupreme Court of Vermont · 1883
- Tinkham v. Town of StockbridgeSupreme Court of Vermont · 1892
- Pratt v. Town of SherburneSupreme Court of Vermont · 1881
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3Cited by2 opinions
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- Petraska v. National Acme Co.Supreme Court of Vermont · 1921