Legal Opinion

Underhill v. Town of Washington

Supreme Court of Vermont

Decided March 15, 1874PublishedCited by 9 opinions

Case for injury to the plaintiff’s person and carriage, occasioned by reason of the insufficiency and want of repair of a certain bridge on a highway in the town of Washington. Plea, the general issue, and trial by jury, June term, 1878, Peck, J., presiding.

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Case for injury to the plaintiff’s person and carriage, occasioned by reason of the insufficiency and want of repair of a certain bridge on a highway in the town of Washington. Plea, the general issue, and trial by jury, June term, 1878, Peck, J., presiding. It was conceded that said town was bound to maintain and keep said highway and bridge in good and sufficient repair, and was proved that said bridge, at the time of the alleged injury, was insufficient and out of repair, and that it had been so from some time in the spring of 1871, to the knowledge of the then highway surveyor of the…

1Opinion of the Court

*771The opinion of the court was delivered by

Redeield, J.

The only question reserved in this case is as to the sufficiency of the notice to the selectmen of the defendant town, by the plaintiff, of his injury upon the highway in question. The act of 1870, p. 88, provides that “ no action shall hereafter be maintained in any court in this state, «fee., unless notice shall first have been given in writing, to one or more of the selectmen of the town, by the person injured, stating the time when, and the place where, such injury was received.” This notice was in writing, and within the required time,…

2Cited by9 opinions

  1. Touhey v. City of DecaturIndiana Supreme Court · 1911
  2. White v. Town of StoweSupreme Court of Vermont · 1881
  3. Town of Grand Isle v. KinneySupreme Court of Vermont · 1898
  4. Trost v. City of CasseltonNorth Dakota Supreme Court · 1899
  5. Sollenbarger v. Incorporated TownSupreme Court of Iowa · 1909

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