Hunt v. Town of Pownal
Supreme Court of Vermont
This was an action on the case for an injury sustained by Mrs. Hunt, one of the plaintiffs, through the insuffjeieqey of a highway in said town.
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This was an action on the case for an injury sustained by Mrs. Hunt, one of the plaintiffs, through the insuffjeieqey of a highway in said town. On the trial, the defendants objected to a • recovery by the plaintiffs, on the ground, that the injury, complained of, occurred, if at all, upon a highway in the county of Bennington ; — that the action was local, and should have been brought and prosecuted in the county of Bennington; but the court overruled the objection, and decided that the action might be. brought and sustained in the county of Rutland. The plaintiffs offered testimony, tending…
1Opinion of the Court
The opinion of the court was delivered by
Redbuelo, J.
It is not necessary to go into the discussion of the ancient learning on the venue of actions. That subject is iamiliar to the profession, and it is well known it had reference to the selection of the jury from the vicinity of the transaction, or the residence of the parties, on some supposed ground ol their being, on that account,' more competent triers. Experience has, however, demonstrated, that such isnot always, — perhaps not often, — the case, and sometimes the reverse is obviously true. In this State, the place of trial is fixed with…
2Cited by44 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Village of Carterville v. CookIllinois Supreme Court · 1889
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
- Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
- City of Joliet v. VerleyIllinois Supreme Court · 1864
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