Prindle v. Town of Fletcher
Supreme Court of Vermont
Tins was an action on the case, for damages which the plaintiff alleges that he sustained by reason of the insufficiency of a highway in Fletcher. Plea, the general issue, and trial by jury, Steele, J., presiding.
Read the full summary
Tins was an action on the case, for damages which the plaintiff alleges that he sustained by reason of the insufficiency of a highway in Fletcher. Plea, the general issue, and trial by jury, Steele, J., presiding. The plaintiff’s evidence tended to show that as he was travelling over the defendants’ highway with his horse, the ground gave away under him, through some latent defect under the ground, which was not known and was not discoverable, and the plaintiff admitted the-authorities of the town could not have learned about it. The horse went into the hole as the ground gave away, and was…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
We have never understood that, under our statute, the duty of the town, in the matter of keeping its highways in good and sufficient repair, as affecting its liability to pay damages for an injury caused by a defect in such highways, is to be measured by the exercise of ordinary care and diligence. The argument in this case has proceeded with reference to such a test and measure of duty. We think no such test and measure are warranted by the statute, or countenanced by judicial decision. Nor, on the other hand, do we think the town is liable…
2Cases cited2 opinions
- Hunt v. Town of PownalSupreme Court of Vermont · 1837
- Bardwell v. Town of JamaicaSupreme Court of Vermont · 1843
3Cited by15 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
- Morse v. Town of RichmondSupreme Court of Vermont · 1868
- Phillips v. Ritchie CountyWest Virginia Supreme Court · 1888
- Graves v. Town of WaitsfieldSupreme Court of Vermont · 1908
10 more not listed; retrieve them via the Exa API.