Bates v. Village of Rutland
Supreme Court of Vermont
Action on the case for negligence of the defendant in locating and using its “ stone crusher ” near the highway, whereby the plaintiffs’ horse became frightened and the plaintiff wife was-thrown from her carriage and injured. Flea, the general issue. Trial by jury, at the September-Term, 1889, Powers, J., presiding. At the conclusion of the evidence the defendant moved for a verdict, which motion was overruled. Yerdict and judgment for the plaintiff.
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Action on the case for negligence of the defendant in locating and using its “ stone crusher ” near the highway, whereby the plaintiffs’ horse became frightened and the plaintiff wife was-thrown from her carriage and injured. Flea, the general issue. Trial by jury, at the September-Term, 1889, Powers, J., presiding. At the conclusion of the evidence the defendant moved for a verdict, which motion was overruled. Yerdict and judgment for the plaintiff. Exceptions by the defendant. The stone crusher was located outside the village limits, with-the consent of a majority of the selectmen of the…
1Opinion of the Court
The opinion of the court was delivered by
Tyi/er, <7.
The defendant is a municipal corporation, organized under a charter granted by the Legislature in November, 1882. Section 1 of its charter defines its boundaries. Its corporate relation to and control of the streets and highways within its limits are set forth in section 46, which is as follows: “ All the territory embraced within the limits of said village is hereby constituted a highway district of the town of Rutland, and all the highway taxes assessed upon the polls and ratable estate thereof shall be paid in money, and the selectmen of…
2Cases cited3 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Weller v. City of BurlingtonSupreme Court of Vermont · 1887
- Parker v. Village of RutlandSupreme Court of Vermont · 1883
3Cited by16 opinions
- City of Wooster v. ArbenzOhio Supreme Court · 1927
- Stiles v. Village of NewportSupreme Court of Vermont · 1904
- Orgeron v. Louisiana Power & Light Co.Louisiana Court of Appeal · 1932
- Sanborn v. Village of Enosburg FallsSupreme Court of Vermont · 1914
- Lemieux v. City of St. AlbansSupreme Court of Vermont · 1942
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