Willard v. Town of Newbury
Supreme Court of Vermont
Trespass on the Case for an injury sustained by reason of the insufficiency of a public highway. Plea, the general issue, and trial by jury, June Term, 1849, — Redfield, J., presiding.
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Trespass on the Case for an injury sustained by reason of the insufficiency of a public highway. Plea, the general issue, and trial by jury, June Term, 1849, — Redfield, J., presiding. On trial the plaintiff gave evidence tending to prove, that there was an ancient highway in the town of Newbury, passing upon a ridge of land, with a descent on each side of thirty feet, or more; that the road was about twenty five feet in width; that the Connecticut and Passumpsic Rivers Rail Road Company located their rail road across said highway, and, in its construction, had made an excavation across the…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
Upon the trial in the court below, the court refused to instruct the jury in the manner requested by the defendant, and by reason of such refusal the case is brought here for the consideration of this court. These requests lead to an inquiry as to the duty and liability of the town to take and continue the necessary, measures to guard and protect the public against injury upon the road in question, while the rail road was being constructed at that place, and until the highway was restored to its former condition. That the road was a public…
2Cited by23 opinions
- Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
- Gates v. Pennsylvania R.Supreme Court of Pennsylvania · 1892
- Inhabitants of Veazie v. Penobscot RailroadSupreme Judicial Court of Maine · 1860
- Kenyon v. City of IndianapolisIndiana Superior Court · 1872
- Wood v. Macon & Brunswick RailroadSupreme Court of Georgia · 1882
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