Sessions v. Town of Newport
Supreme Court of Vermont
Trespass on the Case, to recover for an injury to the plaintiff’s horse, alleged to have been occasioned by the insufficiency of a public highway. Plea, the general issue, and tidal by jufy, December Term, 1843, — Royce, Ch. J., presiding. At the time the injury complaiiied of was received, which was January 12, 1842, one Thrasher was driving the horse in question, harnessed to a single sleigh, early in the morning, after it had become light, but before sdnfise.
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Trespass on the Case, to recover for an injury to the plaintiff’s horse, alleged to have been occasioned by the insufficiency of a public highway. Plea, the general issue, and tidal by jufy, December Term, 1843, — Royce, Ch. J., presiding. At the time the injury complaiiied of was received, which was January 12, 1842, one Thrasher was driving the horse in question, harnessed to a single sleigh, early in the morning, after it had become light, but before sdnfise. The place where the injury was received was at or near the foot of a small descent in the road, and where the road curved .a little…
1Opinion of the Court
By the Court.
The only question in the case is, whether the rule laid down to the jury was decisive of the case; If not, the plaintiff is entitled to a new trial; for the jury were expressly told, that they might decide the case upon that point: so that, whatever else they might have been told, if this in itself was not decisive of the case, then there was error.
If the rule laid down was correct, it was because it shows, either that the road was not out of repair at that point, or that the injury did not happen in consequence of any such want of repair, or that the plaintiff was himself guilty…
2Cases cited6 opinions
- Kelsey v. Town of GloverSupreme Court of Vermont · 1843
- Rice v. Town of MontpelierSupreme Court of Vermont · 1847
- Green v. Town of DanbySupreme Court of Vermont · 1840
- Noyes v. Town of MorristownSupreme Court of Vermont · 1828
- Leicester v. Town of PittsfordSupreme Court of Vermont · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hill v. Town of New HavenSupreme Court of Vermont · 1865
- Donahue v. Windsor County M. Fire Ins.Supreme Court of Vermont · 1883
- Griggs v. SeldenSupreme Court of Vermont · 1886
- Pacific Improvement Co. v. MaxwellCalifornia Court of Appeal · 1915
- Bancroft v. Town of East MontpelierSupreme Court of Vermont · 1920
5 more not listed; retrieve them via the Exa API.