Mobus v. Town of Waitsfield
Supreme Court of Vermont
Case for injuries received through the insufficiency of a highway bridge. The defendant demurred to the declaration at the March Term, 1902, Washington County, Start, J., presiding. Demurrer overruled, pro forma, and declaration adjudged sufficient. The defendant excepted. The plaintiff must be free from contributory negligence, and this must be established as an affirmative fact.
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Case for injuries received through the insufficiency of a highway bridge. The defendant demurred to the declaration at the March Term, 1902, Washington County, Start, J., presiding. Demurrer overruled, pro forma, and declaration adjudged sufficient. The defendant excepted. The plaintiff must be free from contributory negligence, and this must be established as an affirmative fact. Hyde v. Jamaica, 27 Vt. 443; Barber v. Essex, 27 Vt. 67; Walker v. WestfieM, 39 Vt. 246; Briggs v. Guilford, 8 Vt. 264; Carter v. Railroad Co., 72 Vt. 190; Kilpatrick v. Railway Co., 72 Vt. 236. It being an…
1Opinion of the CourtTyler, J.
The declaration alleges, in substance, that while the plaintiff’s husband and son were passing over a highway bridge in defendant town, upon a loaded cart drawn by two- horses, by reason of the insufficiency and want of repair of the bridge — 'Which it was the defendant’s duty to maintain —it broke, and the horses, the loaded cart and the plaintiff’s husband and son were precipitated to and among the broken fragments of the bridge to the water-way beneath the bridge; and that her husband was there fastened beneath the fragments of the bridge, the horses, cart and load, and unable to extricate…
2Cases cited17 opinions
- Bovee v. Town of DanvilleSupreme Court of Vermont · 1880
- Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
- Drew v. Town of SuttonSupreme Court of Vermont · 1882
- Tighe v. City of LowellMassachusetts Supreme Judicial Court · 1876
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Woodcock's Admr. v. HallockSupreme Court of Vermont · 1925
- Precourt v. DriscollSupreme Court of New Hampshire · 1931
- Wagner, Admr. v. Village of WaterburySupreme Court of Vermont · 1938
- Zeno's Bakery, Inc. v. StateSupreme Court of Vermont · 1933
- Cameron Et Ux. v. Bissonette Et Ux.Supreme Court of Vermont · 1930
1 more not listed; retrieve them via the Exa API.