Farnsworth v. Town of Mount Holly
Supreme Court of Vermont
Action on the case to recover damages for alleged injuries to plaintiffs horses sustained by reason of a defective culvert. Plea, the general issue. Trial by court at the September term, 1890, Taft, J., presiding. The plaintiff offered in evidence the notice, a copy of which appears in the opinion. This the court excluded, as not complying with the 'Statute, and gave judgment for the defendant. The plaintiff excepts. The notice should have been received..
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Action on the case to recover damages for alleged injuries to plaintiffs horses sustained by reason of a defective culvert. Plea, the general issue. Trial by court at the September term, 1890, Taft, J., presiding. The plaintiff offered in evidence the notice, a copy of which appears in the opinion. This the court excluded, as not complying with the 'Statute, and gave judgment for the defendant. The plaintiff excepts. The notice should have been received.. To say that the horses “broke through” the plank culvert was to describe the insufficiency. Bliss v. Whitingham, 54 Yt. 275. In the…
1Opinion of the Court
The opinion of the court was delivered by
THOMPSON, J.
The plaintiff offered in evidence the following notice to defendant town:
“Rutland, Vt., Sept. 7, 1889.
W. B. Hoskison, Esq., of Board of Selectmen for Mt. Holly, Healdville, Vt.:
Dear Sir : On Monday, Sept. 4, 1889, while returning from Ludlow my horses broke through the plank culvert between Mr. L. Hoar’s house and the house just beyond towards Mt. Holly P. O. Both of them went through and both of them were more or less injured, and both lame. The gray horse’s legs are swollen and sore, and he is quite lame, but I think will come out of it…
2Cases cited2 opinions
- White v. Town of StoweSupreme Court of Vermont · 1881
- Bartlett v. Town of CabotSupreme Court of Vermont · 1881
3Cited by3 opinions
- Castle v. Town of GuilfordSupreme Court of Vermont · 1913
- Skinner v. Town of WeathersfieldSupreme Court of Vermont · 1906
- Cushman v. Town of BristolzSupreme Court of Vermont · 1941