Yuran v. Inhabitants of Randolph
Supreme Court of Vermont
This action was originally commenced before a justice of tfie peace, and brought to the county court by appeal, to recover damages of said town for a horse killed by running from a bridge in said Randolph.
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This action was originally commenced before a justice of tfie peace, and brought to the county court by appeal, to recover damages of said town for a horse killed by running from a bridge in said Randolph. On trial of the general issue, after the plaintiff had rested his case, Levi Bruce was offered as a witness on the part of the defendant, and objected to by the plaintiff because he was highway surveyor in the district in which said bridge was situated at the time said horse was killed, and so being highway surveyor was liable to the town. The defendants insisted that the objection would…
1Opinion of the Court
The opinion of the court was pronounced by
Mattooxs, J.
— ‘The first question raised by the exceptions in this case is, whether Levi Bruce, the highway surveyor of the district in which the bridge is situated, the insufficiency of which is alleged to have caused the injury complained of, was a competent witness for the town. As the statute makes the surveyors of the several districts liable to pay all damages which shall accrue to the town by their fault or neglect, and as the surveyor has power in the case of repairing to warn out the people of his district immediately, whether they are in…
2Cases cited1 opinion
- Noyes v. Town of MorristownSupreme Court of Vermont · 1828
3Cited by4 opinions
- Dix v. Town of DummerstonSupreme Court of Vermont · 1847
- Whitman v. Town of PownalSupreme Court of Vermont · 1847
- Town of Peacham v. CarterSupreme Court of Vermont · 1849
- H. P. Cornell Co. v. BarberSupreme Court of Rhode Island · 1910