Brown v. Town of Mount Holly
Supreme Court of Vermont
Case for injury through a defect in a highway. Plea, the general issue. Trial by jury at the September Term, 1896, Rutland County, Rowell, J., presiding. The accident occurred on Tuesday.
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Case for injury through a defect in a highway. Plea, the general issue. Trial by jury at the September Term, 1896, Rutland County, Rowell, J., presiding. The accident occurred on Tuesday. The defendant requested the court to charge, “that if the culvert was suitably built, and remained apparently safe and secure, and there was no apparent change in its condition before the accident, and the accident was occasioned by the parting of the stones covering the culvert, then the defect would be latent and the town not liable, and that this would be true although the hole was there a few hours…
1Opinion of the CourtStart, J.
The plaintiffs evidence tended to show, that, while riding over a culvert which the defendant was bound to maintain and keep in repair, his horse stepped into a hole that had been there about forty-eight hours, caused by the spreading of the stone slabs covering the culvert, and the dirt covering the same working through. The defendant’s evidence tended to show, that there was no hole in the *367culvert until the plaintiff’s horse broke through it, on the occasion of the accident; that the culvert was properly and securely built, with side walls covered with large flagstones, which, at the time…
2Cases cited11 opinions
- State v. HowardSupreme Court of Vermont · 1859
- Kent v. Town of LincolnSupreme Court of Vermont · 1860
- Kelsey v. Town of GloverSupreme Court of Vermont · 1843
- Willard v. Town of NewburySupreme Court of Vermont · 1850
- Drew v. Town of SuttonSupreme Court of Vermont · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kidder v. BaconSupreme Court of Vermont · 1902
- Fifield's Admrx. v. Town of RochesterSupreme Court of Vermont · 1915
- Miller v. United Railway & Electric Co.Court of Appeals of Maryland · 1908