Church v. Town of Westminster
Supreme Court of Vermont
Case for an alleged injury to the plaintiff, Lucy M. Church, occasioned by reason of tbe insufficiency of a highway in the defendant town. Plea, the general issue, and trial by jury, September term, 1872, Barrett, J., presiding. The plaintiffs offered in evidence the following written notice : “Westminster, January 7th, 1871. To Henry C. Lane, Esq., one of the selectmen of the town of Westminster.
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Case for an alleged injury to the plaintiff, Lucy M. Church, occasioned by reason of tbe insufficiency of a highway in the defendant town. Plea, the general issue, and trial by jury, September term, 1872, Barrett, J., presiding. The plaintiffs offered in evidence the following written notice : “Westminster, January 7th, 1871. To Henry C. Lane, Esq., one of the selectmen of the town of Westminster. You are hereby notified that on the 22d day of December, 1870, I sustained a serious injury on easterly end of the bridge spanning Saxton’s River near Gage’s mill, in said town of Westminster, by…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The written notice signed by the plaintiff wife, and delivered the selectman of the town, is sufficient. It contains all that is required by the statute, and was seasonably delivered. The defendant makes no question as to its sufficiency, except that it should have been signed by both plaintiffs. The statute re*385quires the notice to be given “ by the person injured or claiming damage.” This language' indicates that when the injury for which damages are claimed is to a person, that person must give the notice, and when the injury is to the…
2Cited by7 opinions
- Kesler v. PabstCalifornia Supreme Court · 1954
- Crockett v. Village of BarreSupreme Court of Vermont · 1894
- Mary J. v. Solon BurroughsSupreme Court of Vermont · 1889
- Westcott v. Central Vermont R. R.Supreme Court of Vermont · 1889
- Friend v. PitmanSupreme Judicial Court of Maine · 1898
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