Cook v. Town of Barton
Supreme Court of Vermont
Action on the case for injuries received by the plaintiff through the alleged insufficiency of a certain sluice which the defendant was bound to maintain. Plea, the general issue. Trial by jury at the September term, 1892, Orleans county, Rowell, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts.
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Action on the case for injuries received by the plaintiff through the alleged insufficiency of a certain sluice which the defendant was bound to maintain. Plea, the general issue. Trial by jury at the September term, 1892, Orleans county, Rowell, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The evidence of the plaintiff tended to show that the opening through the sluice in question had become stopped up so that only a part of the water naturally flowing there could pass through, the balance being thrown across the highway next adjacent to the sluice, and…
1Opinion of the CourtTyler, J.
The notice alleged that the plaintiff was injured by reason of the insufficiency of a culvert or sluice in a highway in defendant town; that the insufficiency was that the opening through the culvert was too small to permit all the water to flow through; that consequently a part of it was thrown across the highway adjacent to the culvert and on each side of it and formed holes which caused the plaintiff to be thrown from her carriage and injured. It in effect alleged that the holes were within the approaches to the culvert. It was not necessary that the notice should "call the holes defects…
2Cases cited2 opinions
- Coates v. Town of CanaanSupreme Court of Vermont · 1878
- Whitney v. Town of LondonderrySupreme Court of Vermont · 1882
3Cited by2 opinions
- Frederick v. HaleMontana Supreme Court · 1910
- Castle v. Town of GuilfordSupreme Court of Vermont · 1913