Whitcher v. Town of Peacham
Supreme Court of Vermont
Case for injury upon a highway. Plea, general issue, with notice of settlement. Trial by jury, June Term, 1878, Caledonia County, Ross, J., presiding. The injury in question, which was to horse and wagon, was received on October 27,1876. On or about November 15, two of the'defendant’s selectmen went to the plaintiff’s, and had conversation with him in regard to a settlement of his claim, but, as the plaintiff said, came to no agreement.
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Case for injury upon a highway. Plea, general issue, with notice of settlement. Trial by jury, June Term, 1878, Caledonia County, Ross, J., presiding. The injury in question, which was to horse and wagon, was received on October 27,1876. On or about November 15, two of the'defendant’s selectmen went to the plaintiff’s, and had conversation with him in regard to a settlement of his claim, but, as the plaintiff said, came to no agreement. The defendant offered evidence tending to show that the plaintiff then said he would take $10 for damages to the wagon, and for medicine and care for the…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
One issue in the County Court was the question of settlement. The plaintiff claimed that if all the defendant’s evidence on that point was true, still they had failed to make out a settlement. The court decided to submit the question to the jury; to which the plaintiff excepted. The parties went through with all the forms of a settlement and payment. The selectmen testified that they supposed it was a settlement of all claim. There *245was some testimony tending to show that the plaintiff admitted and stated to several persons subsequently to the…
2Cases cited1 opinion
- Jones v. BoothSupreme Court of Vermont · 1838
3Cited by4 opinions
- McKinstry v. CollinsSupreme Court of Vermont · 1902
- Falls City v. SperryNebraska Supreme Court · 1903
- Ryan v. RooneySupreme Court of Vermont · 1914
- Jennett v. PattenSupreme Court of Vermont · 1905