Davis v. Lamoille County Plank Road Co.
Supreme Court of Vermont
Liability of plank, road companies for the want of repair of their roads. Action on the case to recover for injuries occasioned by the insufficiency and want of repair of the defendants’ plank road in the town of Stowe. Plea, the general issue, trial by-1854, —Peck, J., presiding.
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Liability of plank, road companies for the want of repair of their roads. Action on the case to recover for injuries occasioned by the insufficiency and want of repair of the defendants’ plank road in the town of Stowe. Plea, the general issue, trial by-1854, —Peck, J., presiding. The plaintiff offered in evidence the defendant’s act of incorporation,* and a vote of the town of Stowe† in relation to the defendant’s constructing their road over the public highway in the town of Stowe, — and the terms and conditions thereof, — and offered to prove that the defendants accepted said terms and…
1Opinion of the Court
*604The opinion of the court was delivered, at the circuit session in September, by
Redfield, Ch. J.
I. There is certainly a very important distinction between the liability of towns for damages accruing to travellers, by reason of defects in the highways within their limits, and that of turnpike and other corporations, who derive a revenue from the use of their roads by travellers. In the former case, the support of the road is a mere burden upon the towns, without any corresponding equivalent. The traveller pays no consideration for the use of the road. It is no advantage to the town to have the…
2Cited by2 opinions
- President of the Baltimore v. CrowtherCourt of Appeals of Maryland · 1885
- Lancaster Avenue Improvement Co. v. RhoadsSupreme Court of Pennsylvania · 1887