Noyes v. Town of Morristown
Supreme Court of Vermont
This was an action of Trespass on the case, brought on tbe statute to recover the amount of damages occasioned to the plaintiff by the insufficiency and want of repair of a certain public bridge in Morrisiovm. It was tried in the County Court, October term, 1827, on the general issue, Royce J. presiding.
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This was an action of Trespass on the case, brought on tbe statute to recover the amount of damages occasioned to the plaintiff by the insufficiency and want of repair of a certain public bridge in Morrisiovm. It was tried in the County Court, October term, 1827, on the general issue, Royce J. presiding. On trial, it appeared that tbe bridge in question was a high bridge over Lamoille river, eighty feet or more in length, situated in a small village, and in the immediate vicinity of falls, on said river, and passing over a broken rocky bottom — all which circumstances were calculated to…
1Opinion of the CourtTubi-teb, J.
delivered the opinion of the court. . In this case the defendants claim a new trial on the ground of thé mis-direction of the Judge, in two particulars.
1. The evidence was, that the place where die horse fell off Was a part of the abutment, whereas, the declaration stated that the horse fell off from the bridge; and the judge charged that for the purposes of this action, the abutment ■ must be considered a part of the bridge..
2 v To the charge of the Judge, that “ if the jury foimdthe loss to have been occasioned in any degree, either in whole or in part *358by tho deficiency of the bridgo, the…
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- Leicester v. Town of PittsfordSupreme Court of Vermont · 1834
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