Kelsey v. Town of Glover
Supreme Court of Vermont
This was an action on the case, brought to recover for damages alleged to have happened to the plaintiff’s property, by reason of the insufficiency and want of repair of a highway in Glover. Plea the general issue, and trial by jury.
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This was an action on the case, brought to recover for damages alleged to have happened to the plaintiff’s property, by reason of the insufficiency and want of repair of a highway in Glover. Plea the general issue, and trial by jury. The case was brought into this court upon the following bill of exceptions: The plaintiff, in support of the issue, on his part, adduced evidence tending to prove, that, at the time mentioned in his declaration, he was, with his team, consisting of a span of horses and a double sleigh, travelling along on the public highway described in his declaration, within…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The evidence on the part of the defendants tended to show, that the tree tops had been cut away from the central part of the road, so that loaded teams could, and did, pass each other, between those tops, without inconvenience ; that the plaintiff had passed the tree tops a distance of at least twenty feet when the injury happened ; and that his team was then standing still in the travelled path, with sufficient room on either side for another team to have passed him in safety. Was it the duty of the court to instruct the jury, that upon proof…
2Cases cited1 opinion
- Holley v. Winooskie Turnpike Co.Supreme Court of Vermont · 1826
3Cited by26 opinions
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
- City of Joliet v. VerleyIllinois Supreme Court · 1864
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
- City of Joliet v. ShufeldtIllinois Supreme Court · 1893
- City of Crawfordsville v. SmithIndiana Supreme Court · 1881
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