Blodgett v. Town of Royalton
Supreme Court of Vermont
Trespass on the case for damages to the plaintiff’s horses and carriages, resulting from the insufficiency and want of repair of a highway in Royalton. Plea, the general issue, and trial by jury. On trial it appeared, that, at a session of the Supreme Court at Chelsea, in the county of Orange, in March, 1837, a highway, duly surveyed and laid out by a committee appointed by that court, was established in the towns of Royalton, Bethel and Randolph.
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Trespass on the case for damages to the plaintiff’s horses and carriages, resulting from the insufficiency and want of repair of a highway in Royalton. Plea, the general issue, and trial by jury. On trial it appeared, that, at a session of the Supreme Court at Chelsea, in the county of Orange, in March, 1837, a highway, duly surveyed and laid out by a committee appointed by that court, was established in the towns of Royalton, Bethel and Randolph. In the summer of 1837 the town of Royalton appointed a committee to let out the making of that portion of said highway within their limits, and…
1Opinion of the Court
*44The opinion of the court was delivered by
Hebard, J.
This case has once before been to this court, and so far as this question was then considered by the court, it must be regarded as settled. The defendants seek immunity from the liability imposed upon towns for damage sustained by individuals by reason of the insufficiency of a road, upon the ground that the selectmen had not caused a certificate of the opening of the road to be recorded in the town clerk’s office. And this brings up the inquiry, whether there is any other way in which this liability can be fixed upon a town. If this was a…
2Cited by8 opinions
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- People v. JonesMichigan Supreme Court · 1858
- Way v. FellowsSupreme Court of Vermont · 1917
- Rylee v. StateMississippi Supreme Court · 1913
- Tower v. Town of RutlandSupreme Court of Vermont · 1884
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