Legal Opinion

Barber v. Town of Essex

Supreme Court of Vermont

Decided December 15, 1854PublishedCited by 13 opinions

Variance. Liability of towns for insufficiency of highways. Burden of proof. Negligence. Travelling in the night. Trespass on ti-ie Case, to recover for injuries alleged to have been occasioned by the insufficiency and want of repair of a public highway.

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Variance. Liability of towns for insufficiency of highways. Burden of proof. Negligence. Travelling in the night. Trespass on ti-ie Case, to recover for injuries alleged to have been occasioned by the insufficiency and want of repair of a public highway. The declaration alleged the existence, on the 28th of September, 1850, of a public highway, leading from near the inn of H. B. Stanton, in Essex, to the north line of Essex, which it was the duty of the defendants to keep and maintain in repair, “ which highway was then and there greatly insufficient and out of “ repair, and was then and…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

I. It is objected, that there is a variance between the declaration and the proof, in the present case. That will depend upon the construction we give the evidence, to some extent, at least. To us, it seems difficult to find any satisfactory evidence of the discontinuance of the original highway. There is *68nothing to show that the railroad company had pursued the charter-provisions, to substitute the road built by them for the old road. And till that is done, the town certainly are not obliged to recognize the change. In England it has…

2Cases cited1 opinion

  1. Willard v. Town of NewburySupreme Court of Vermont · 1850

3Cited by13 opinions

  1. Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
  2. Latremouille v. Bennington & Rutland Ry. Co.Supreme Court of Vermont · 1891
  3. Hill v. Town of New HavenSupreme Court of Vermont · 1865
  4. City of St. Paul v. KubySupreme Court of Minnesota · 1863
  5. Duggan v. HeaphySupreme Court of Vermont · 1912

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