Legal Opinion

Tower v. Town of Rutland

Supreme Court of Vermont

Decided January 15, 1884PublishedCited by 4 opinions

Action to recover for injury on a highway. Trial by jury, March Term, 1883, Veazey, J., presiding. Verdict for the plaintiff. The exceptions stated : “ The testimony of the plaintiff tended to show as set forth in her notice, that ‘On the 20th of December, 1880, at about two o’clock p. m., while riding in a sleigh upon.

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Action to recover for injury on a highway. Trial by jury, March Term, 1883, Veazey, J., presiding. Verdict for the plaintiff. The exceptions stated : “ The testimony of the plaintiff tended to show as set forth in her notice, that ‘On the 20th of December, 1880, at about two o’clock p. m., while riding in a sleigh upon. West street, in the village of Rutland, the horse which was drawing her sleigh became frightened at a cart tipped up on the southerly side of the street nearly opposite Samuel Terrill’s carriage shop;’, and in consequence the horse ran, throwing her from the sleigh and…

1Opinion of the Court

The opinion of the court was delivered by

Royce, Cla. J.

This was an action to recover for an alleged injury upon the highway. It was incumbent upon the plaintiff to prove that the highway upon which the accident happened was one-that the town was legally bound to keep in repair. To prove that, the' plaintiff relied solely upon proof pf the use of the road for public travel and ’ the fact that it was the direct thoroughfare from Main street'to Merchants’ Row; that there were sidewalks' upon both "sides "'of it, and a lamp post had been *31erected upon one corner. The case shows that the evidence…

2Cases cited3 opinions

  1. Folsom v. Town of UnderhillSupreme Court of Vermont · 1864
  2. Page v. Town of WeathersfieldSupreme Court of Vermont · 1841
  3. Blodgett v. Town of RoyaltonSupreme Court of Vermont · 1843

3Cited by4 opinions

  1. Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
  2. Town of Clarendon v. Rutland RailroadSupreme Court of Vermont · 1902
  3. Way v. FellowsSupreme Court of Vermont · 1917
  4. Hardwick Savings Bank & Trust Co. v. DrenanSupreme Court of Vermont · 1900

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