Reynolds v. City of Burlington
Supreme Court of Vermont
Case for injury on a highway. Plea, general issue, and trial by jury, April Term, 1879, Powers, J., presiding. The notice of injury, which was received in evidence subject to such objection as might be made thereto in view of the facts to be shown, stated that the plaintiff received the injury in question on April 22, 1878, while travelling with his team on a highway in the city of Burlington, known as Winooski avenue, and proceeded, so far as material, as follows : The…
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Case for injury on a highway. Plea, general issue, and trial by jury, April Term, 1879, Powers, J., presiding. The notice of injury, which was received in evidence subject to such objection as might be made thereto in view of the facts to be shown, stated that the plaintiff received the injury in question on April 22, 1878, while travelling with his team on a highway in the city of Burlington, known as Winooski avenue, and proceeded, so far as material, as follows : The place upon said highway where I received said injuries is in and upon that portion of said highway which lies between the…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
I. We discover no error in law in the holding by the County Court that the notice of the place and cause of the accident was sufficient. The brick-yard was that which is described as such in the evidence with a front of two hundred feet. That being so, it does not appear that the manner of designating the place along the two hundred feet of dangerous rut at which the accident occurred, was not reasonably definite. The rut was of the same character throughout — dangerous all the way — with nothing collateral to it, distinguishing one place in…
2Cases cited2 opinions
- Folsom v. Town of UnderhillSupreme Court of Vermont · 1864
- Briggs v. TaylorSupreme Court of Vermont · 1855
3Cited by6 opinions
- Fassett v. Town of RoxburySupreme Court of Vermont · 1883
- Wiley v. Rutland RailroadSupreme Court of Vermont · 1913
- Drown v. New England Telephone & Telegraph Co.Supreme Court of Vermont · 1908
- Robin v. BartlettSupreme Court of New Hampshire · 1887
- Knox v. Town of WheelockSupreme Court of Vermont · 1883
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