Legal Opinion

Hollister v. Town of Pawlet

Supreme Court of Vermont

Decided January 15, 1871PublishedCited by 4 opinions

Action on an award. It was agreed that the cause be submitted to the court upon the following statement of facts: The plaintiff, in the winter of 1865, while traveling with a span of horses and sleigh on one of the public roads in the town of Pawlet, injured one of his horses, as he claimed, through the insufficiency of said highway.

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Action on an award. It was agreed that the cause be submitted to the court upon the following statement of facts: The plaintiff, in the winter of 1865, while traveling with a span of horses and sleigh on one of the public roads in the town of Pawlet, injured one of his horses, as he claimed, through the insufficiency of said highway. He immediately made a claim to the selectmen of said town against said town, for the damages he had sustained through the insufficiency of said highway. Said claim was submitted to arbitration by the selectmen acting for the town, and the plaintiff on his own…

1Opinion of the Court

*426The opinion of the court was delivered by

Royce, J.

The only question presented in this case is whether the selectmen of the town had the right to submit the claim made by the^ plaintiff against the town to arbitrators, so as to bind the town to the payment of their award. We are not aware that this question has ever been decided in this state ; and its only importance is in furnishing a rule for the government of towns and their officers, in the disposition of claims like this. Claims growing out of the insufficiency of highways and bridges are of frequent occurrence in the different towns in…

2Cases cited2 opinions

  1. Town of Cabot v. BrittSupreme Court of Vermont · 1863
  2. Schoff v. Town of BloomfieldSupreme Court of Vermont · 1836

3Cited by4 opinions

  1. Town of New Haven v. WestonSupreme Court of Vermont · 1913
  2. Danville Board of School Directors v. FifieldSupreme Court of Vermont · 1974
  3. First Nat. Bank of North Bennington v. ArlingtonU.S. Circuit Court for the District of Vermont · 1879
  4. Mitchell v. Inhabitants of LinneusSupreme Judicial Court of Maine · 1911

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