Whitcomb v. Town of Fairlee
Supreme Court of Vermont
Case to recover for an injury to the plaintiff and his team caused by the alleged insufficiency of a highway. Plea, the general issue, and trial by jury at the June term, 1870, Peck, J., presiding. Yerdict for the plaintiff, and exceptions by the defendant.
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Case to recover for an injury to the plaintiff and his team caused by the alleged insufficiency of a highway. Plea, the general issue, and trial by jury at the June term, 1870, Peck, J., presiding. Yerdict for the plaintiff, and exceptions by the defendant. The insufficiency complained of was the want of a muniment for the side of the travelled track of the road in question next to a perpendicular bank wall four feet and four inches in depil, to keep travellers from driving off the bank. The defendant claimed that the testimony of Mrs. Boyd, referred to in the opinion of the court, tended to…
1Opinion of the Court
*673The opinion of the court was delivered by
Ross, J.
The plaintiff claims to recover for an injury to himself and team, occasioned by driving, in the dark, over a perpendicular bank wall at the side of the highway, upon which there was no muniment. The defendant claims that the plaintiff drove off the wall designedly, for the purpose of obtaining damages of the town, and to establish this defense introduced as a witness a Mrs. Boyd, who testified to parts of conversations she had overheard between the plaintiff and her husband, and to conversations which she had had with the plaintiff. In none of…
2Cases cited1 opinion
- Hunt v. Town of PownalSupreme Court of Vermont · 1837
3Cited by3 opinions
- State v. LegendreSupreme Court of Vermont · 1915
- Kentucky Bankers Ass'n v. CassadyCourt of Appeals of Kentucky (pre-1976) · 1936
- Rublee v. BelmontSupreme Court of New Hampshire · 1882