Sykes v. Town of Pawlet
Supreme Court of Vermont
Action ou the case to recover damages for the loss of a horse and injury to a wagon and harness, occasioned by an alleged insufficiency of a highway.
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Action ou the case to recover damages for the loss of a horse and injury to a wagon and harness, occasioned by an alleged insufficiency of a highway. The case was referred, and tho referee reported in substance as follows : The accident happened in the village of Pawlet, September 11, 1867. The plaintiff’s brother was backing the plaintiff’s mare! out of a shed, and in so doing, she fell down a precipitous bank into the stream which runs through the village, and was killed, .and the wagon and harness injured, as hereafter stated. This shed belonged to the premises known as the Franklin Hotel,…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The case being before us upon exceptions to a pro forma judgment of the county court, on a report of a referee, it is for this court to determine what judgment ought to be rendered. The court can regard only 'the facts found by the referee, as constituting the ground for such judgment.
In order to charge the town with liability for the damage sustained by the plaintiff, it is necessary that it should appear that such damage was caused by the insufficiency and want of repair of the highway, as provided by our statute, as it has been construed…
2Cited by10 opinions
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Biggs v. HuntingtonWest Virginia Supreme Court · 1889
- Drew v. Town of SuttonSupreme Court of Vermont · 1882
- Cartright v. Town of BelmontWisconsin Supreme Court · 1883
- Johnson v. Town of IrasburghSupreme Court of Vermont · 1874
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