Whitney v. Town of Essex
Supreme Court of Vermont
Action on the case to recover damages for a personal injury to the plaintiff caused by the alleged defect of a highway in Essex, which that town was by law bound to keep in repair. Plea, the general issue, and trial by jury, Chittenden County, September Term, 1864, Pierpoint, J., presiding.
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Action on the case to recover damages for a personal injury to the plaintiff caused by the alleged defect of a highway in Essex, which that town was by law bound to keep in repair. Plea, the general issue, and trial by jury, Chittenden County, September Term, 1864, Pierpoint, J., presiding. It appeared that the town of Essex had never worked, made or repaired any foot path on the side of said r.oad distinct and separated from the travelled track; that the town had worked and kept in repair, on the whole length of said road, a travelled track, sufficiently wide and suitable for the passage of…
1Opinion of the Court
*274Tlie opinion of the court was delivered by
Barrett, J.
The duty of towns in regard to highways is prescribed in § 1, ch. 25, G. S., thus: “ All highways and bridges within the bounds of any town shall be kept in good and sufficient repair at the expense of such town, at all seasons of the year.” The liability is imposed in § 41 of the same chapter. “ If any special damage shall happen to any person, his team, carriage or other property by means of the insufficiency or want of repairs of any highway or bridge,” &c.
The exceptions state that “ the town of Essex had worked and kept in repair, on…
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