Legal Opinion

Bardwell v. Town of Jamaica

Supreme Court of Vermont

Decided February 15, 1843PublishedCited by 20 opinions

This was an action of trespass on the case, in which the plaintiffs declared, that a certain bridge, on a public highway in the town of Jamaica, was, on a certain day, “ insufficient c and out of repair, in this, that the flooring or covering of £ said bridge was decayed and ruinous, and that the poles, ‘ logs, slabs, or planks, forming the same, were rotten and £ decayed, and in that said bridge was not suitably and prop- "£ erly supported by string pieces, but that the…

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This was an action of trespass on the case, in which the plaintiffs declared, that a certain bridge, on a public highway in the town of Jamaica, was, on a certain day, “ insufficient c and out of repair, in this, that the flooring or covering of £ said bridge was decayed and ruinous, and that the poles, ‘ logs, slabs, or planks, forming the same, were rotten and £ decayed, and in that said bridge was not suitably and prop- "£ erly supported by string pieces, but that the same had be-c come rotten and decayed, and in that the abutments of said c bridge were loose, weak, not properly supported,…

1Opinion of the Court

The opinion of the court was delivered by

Hebard J.

The defendant requested the court to charge the jury “ that if the place where the accident happened was without the limits of the bridge, although in the road by the side of it, the plaintiffs were not entitled to recover.” It is usual for the court to instruct the jury upon every point requested, when there is evidence tending to establish the position contended for. But this case discloses no testimony tending to establish any such fact. The case finds that the testimony tended to prove that the plaintiffs’ mare broke through the bridge,…

2Cited by20 opinions

  1. City of Goshen v. EnglandIndiana Supreme Court · 1889
  2. Selleck v. City of JanesvilleWisconsin Supreme Court · 1898
  3. Belcher v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1899
  4. Wood v. Truckee Turnpike Co.California Supreme Court · 1864
  5. Reed v. City of DetroitMichigan Supreme Court · 1896

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