Johnson v. Town of Irasburgh
Supreme Court of Vermont
Case for injury on a highway. Plea, the general issue and trial by jury, September term, 1873, Redfield, J., presiding. Previous to the alleged injury, the plaintiff had ordered some fish from Boston for himself and a neighbor, Barrows, and on Saturday before the Sunday of the accident, he took two kegs of the fish, one for himself and one for Barrows, from Barton Landing, and carried his keg home, and left Barrows’s in Brown’s, another neighbor’s, carriage-house.
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Case for injury on a highway. Plea, the general issue and trial by jury, September term, 1873, Redfield, J., presiding. Previous to the alleged injury, the plaintiff had ordered some fish from Boston for himself and a neighbor, Barrows, and on Saturday before the Sunday of the accident, he took two kegs of the fish, one for himself and one for Barrows, from Barton Landing, and carried his keg home, and left Barrows’s in Brown’s, another neighbor’s, carriage-house. Barrows was a seventh-day man, keeping Saturday for Sunday, and was that’ day at church. On Sunday the plaintiff and a boy living…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The necessity which will excuse one for travelling on the Sabbath must be a real and not a fancied necessity. The statute reads, “ No person shall travel on the Sabbath or first day of the week, except from necessity or charity.” Gen. Sts. ch. 93, § 3. It is not an honest belief that a necessity for travelling exists, but the actual existence of the necessity, which renders travelling on the Sabbath lawful. Hence, the court properly refused to instruct the jury as requested by the plaintiff. The jury, under proper instructions, have found that…
2Cases cited8 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
- Stinson v. City of GardinerSupreme Judicial Court of Maine · 1856
- Orcutt v. Kittery Point Bridge Co.Supreme Judicial Court of Maine · 1866
- Sykes v. Town of PawletSupreme Court of Vermont · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Gilman v. Central Vermont Railway Co.Supreme Court of Vermont · 1919
- Broschart v. TuttleSupreme Court of Connecticut · 1890
- Platz v. . the City of CohoesNew York Court of Appeals · 1882
- Western Union Telegraph Co. v. YopstIndiana Supreme Court · 1889
8 more not listed; retrieve them via the Exa API.