Drew v. Town of Sutton
Supreme Court of Vermont
Action for injury on the highway. Trial by jury, September Term, 1879. Orleans County, Redfield, J., presiding. Pleas, general issue and notice. Verdict for plaintiff.
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Action for injury on the highway. Trial by jury, September Term, 1879. Orleans County, Redfield, J., presiding. Pleas, general issue and notice. Verdict for plaintiff. The exceptions stated: “The plaintiff’s testimony showed that the highway at the place where the injury occurred was fully three rods wide, and that the wrought or travelled part of the same was thirty-eight feet in width; that at said point the highway was slightly descending, going in a southerly direction, and that on the westerly side there was a steep embankment in the vicinity of twenty-two feet high, and several rods…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The testimony of the witness Skinner must be taken the same as though he was not a physician, as he was not in professional attendance upon the plaintiff. But we think that what the plaintiff told him about having pain in his head and his neck not being able to support his head, had reference to his then present condition, and so admissible under our decisions.
Nor do we think there was error in refusing to direct a verdict for the defendant, as requested. We think it was a question of fact for the jury to find, under all the circumstances,…
2Cases cited11 opinions
- Warner v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1873
- Puffer v. Inhabitants of OrangeMassachusetts Supreme Judicial Court · 1877
- Sykes v. Town of PawletSupreme Court of Vermont · 1871
- Page v. Town of WeathersfieldSupreme Court of Vermont · 1841
- Bagley v. Town of LudlowSupreme Court of Vermont · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Town of New Castle v. GrubbsIndiana Supreme Court · 1908
- City of Vincennes v. SpeesIndiana Court of Appeals · 1905
- Gorr v. MittlestaedtWisconsin Supreme Court · 1897
- Sharby v. Town of FletcherSupreme Court of Vermont · 1924
- Nicholson v. City of Des MoinesSupreme Court of Iowa · 1953
17 more not listed; retrieve them via the Exa API.