Pratt v. Town of Swanton
Supreme Court of Vermont
Assumpsit on a contract for building a bridge across Charcoal creek in Swanton. Plea, non assumpsit, and trial by jury. On the trial in the county court, the plaintiffs offered in evidence, a contract, dated the 22d of January, 1841, signed by Bradford Scott and Henry Asselstyne, second, of the one part, professing to act as a committee of the town of Swanton, and by the plaintiffs, of the other part, whereby the plaintiffs engaged to build said bridge; and the said Scott…
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Assumpsit on a contract for building a bridge across Charcoal creek in Swanton. Plea, non assumpsit, and trial by jury. On the trial in the county court, the plaintiffs offered in evidence, a contract, dated the 22d of January, 1841, signed by Bradford Scott and Henry Asselstyne, second, of the one part, professing to act as a committee of the town of Swanton, and by the plaintiffs, of the other part, whereby the plaintiffs engaged to build said bridge; and the said Scott and Asselstyne, on behalf of said town, promised to pay them a certain sum therefo'f, — which contract was admitted by the…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, J.
The questions involved in the decision of the present case do not seem to the court to rest in much uncertainty.
The testimony offered for the purpose of showing, that the town had, in fact, availed themselves of the benefit of the plaintiff’s labor, cannot be considered as having any tendency to charge the town with the expense of such labor. It may be true, that if private persons build a road and the public assume the use of it, or, which is the same thing, it is dedicated to public use, and the proper authorities of the town, from time…
2Cited by15 opinions
- McCracken v. City of San FranciscoCalifornia Supreme Court · 1860
- Town of Grove v. Haskell, GovernorSupreme Court of Oklahoma · 1909
- Bloomfield v. Charter Oak BankSupreme Court of the United States · 1887
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Conn v. Town of BrattleboroSupreme Court of Vermont · 1958
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