Britch v. Town of Sheldon
Supreme Court of Vermont
Action op Tort for negligence occasioned by the alleged insufficiency and want of repair of a certain bridge or culvert. Plea, the general issue. Trial by jury at the March Term, 1919, Franklin County, Wilson, J., presiding. At the close of the plaintiff’s evidence, the Court directed a verdict for the defendant. The plaintiff excepted. The opinion states the case.
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Action op Tort for negligence occasioned by the alleged insufficiency and want of repair of a certain bridge or culvert. Plea, the general issue. Trial by jury at the March Term, 1919, Franklin County, Wilson, J., presiding. At the close of the plaintiff’s evidence, the Court directed a verdict for the defendant. The plaintiff excepted. The opinion states the case. A traveler is not required at all times to have his thoughts fixed on a defect in the way, though having had notice of it; his mere inattention or forgetfulness will not, therefore, necessarily preclude his recovery. Maloy v. St.…
1Opinion of the CourtTaylor, J.
The plaintiff seeks to recover damages occasioned by the alleged negligence of the defendant town in not maintaining a certain bridge or culvert on one of its highways in a safe condition for travel. The trial was by jury. At the close of the plaintiff’s evidence the court, on motion, directed a verdict for the defendant, to which the plaintiff saved an exception. The grounds of the motion were in substance that on the undisputed evidence (1) plaintiff’s accident occurred at a place on the highway other than on a bridge, sluice, or culvert, or the *237approaches thereto; (2) there was no shortage…
2Cases cited14 opinions
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Kilpatrick v. Grand Trunk Railway Co.Supreme Court of Vermont · 1902
- Collins v. City of JanesvilleWisconsin Supreme Court · 1901
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- LaFaso v. LaFasoSupreme Court of Vermont · 1966
- Wellman, Admr. v. WalesSupreme Court of Vermont · 1923
- Sharby v. Town of FletcherSupreme Court of Vermont · 1924
- Cornwell v. S. S. Kresge Co.West Virginia Supreme Court · 1932
- Elizabeth M. Sanderson and Lawrence E. Sanderson v. Berkshire-Hathaway, Inc.Court of Appeals for the Second Circuit · 1957
2 more not listed; retrieve them via the Exa API.