Legal Opinion

Perry v. Town of Putney

Supreme Court of Vermont

Decided February 15, 1880PublishedCited by 6 opinions

Case for injuries received upon a highway. Trial by jury, September Term, 1879, Ross, J., presiding. The plaintiff offered in evidence the notice that was given to the defendant’s selectmen, which, so far as it gave a description of the injury and its effects, was as follows: Four of my ribs upon my right side were fractured, my right hip was badly bruised, and I was also badly injured about the back and kidneys, and my whole body was shaken, bruised, and injured, and my…

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Case for injuries received upon a highway. Trial by jury, September Term, 1879, Ross, J., presiding. The plaintiff offered in evidence the notice that was given to the defendant’s selectmen, which, so far as it gave a description of the injury and its effects, was as follows: Four of my ribs upon my right side were fractured, my right hip was badly bruised, and I was also badly injured about the back and kidneys, and my whole body was shaken, bruised, and injured, and my health greatly impaired. The defendant objected to its admission for that it contained no such statement as the statute…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

It is claimed by the defendant that the notice of personal injury is not in compliance with the statute. The notice is in these words, viz.: “ Four of my ribs upon my right side were fractured, my right hip was badly bruised, and I was also badly injured about my back and kidneys, and my whole body was shaken, bruised, and injured, and my health greatly impaired.” The statute requires that the notice shall “ contain a description of the injury received or damage sustained; and, if bodily injuries be claimed, the part of the body injured…

2Cases cited1 opinion

  1. Nourse v. Town of VictorySupreme Court of Vermont · 1878

3Cited by6 opinions

  1. Lane v. Town of GraftonSupreme Court of Vermont · 1997
  2. Graves v. Town of WaitsfieldSupreme Court of Vermont · 1908
  3. Robin v. BartlettSupreme Court of New Hampshire · 1887
  4. City of Denver v. BarronColorado Court of Appeals · 1895
  5. Knox v. Town of WheelockSupreme Court of Vermont · 1883

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