Battey v. Town of Duxbury
Supreme Court of Vermont
’Trespass on the Case, to recover for injury alleged to have been occasioned by reason of the insufficiency and want of repair of a public highway. Plea, the general issue, and trial by jury, December Term, 1850, — Pierpoint, J., presiding.
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’Trespass on the Case, to recover for injury alleged to have been occasioned by reason of the insufficiency and want of repair of a public highway. Plea, the general issue, and trial by jury, December Term, 1850, — Pierpoint, J., presiding. On trial the plaintiff gave evidence tending to prove, that there was and had been for many years a public highway through the town of Duxbury, on the south side of Onion river, — which it was conceded the defendants were bound to support; that at the place, where the injury was alleged to have occured, a spur of the mountain projected into the narrow…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The witness, Ridley, must have been excluded on the ground of interest, by assuming that he would be liable over to the town, if the plaintiff recovered, — the same ground on which such officers have generally been excluded as witnesses for their towns, in cases like the present. But the defendants claim, that *719this witness was free from any such liability, — first, by reason of his resignation and return of papers to the selectmen, — and, second, by reason of the peculiar facts, which occasioned the highway to be out of repair.
The select…
2Cited by4 opinions
- Palmer v. MarceilleSupreme Court of Vermont · 1934
- Jackson v. W. A. Norris, Inc.Wyoming Supreme Court · 1939
- Mann v. Central Vermont RailroadSupreme Court of Vermont · 1883
- Closson v. HambletSupreme Court of Vermont · 1855