Melendy v. Town of Bradford
Supreme Court of Vermont
Action to recover damages for injuries on a highway. Plea, general issue. Trial by jury, June Term, 1881, Orange County, Powers, J., presiding. Verdict for the plaintiff.- Notice: * * * “ Said highway leading from Brushwood (so called) in Fairlee to Bradford village, and on a clay hill between the residence of Charles Piper and the Waits River road; and the injury was particularly occasioned by a stump having slid from the bank into the traveled track of the road,” etc.
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Action to recover damages for injuries on a highway. Plea, general issue. Trial by jury, June Term, 1881, Orange County, Powers, J., presiding. Verdict for the plaintiff.- Notice: * * * “ Said highway leading from Brushwood (so called) in Fairlee to Bradford village, and on a clay hill between the residence of Charles Piper and the Waits River road; and the injury was particularly occasioned by a stump having slid from the bank into the traveled track of the road,” etc. It appeared that there were two roads leading from Brushwood to Bradford village; that one was called the Rowell Brook road,…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
I. Under the rule announced in Law v. Fairfield, 46 Vt. 425, and followed in subsequent cases, there was no error in the ruling of the County Court holding the notice sufficient.
The court, with the consent of both parties, found, not only the special facts relating to the notice, but, “ that from the plaintiff’s acquaintance with the locality, he gave as accurate and definite location to the place of his injury as was practicable for him to do;” and again, “ that the place of accident was answerable to the notice, and that the notice…
2Cases cited5 opinions
- Nave v. FlackIndiana Supreme Court · 1883
- Bovee v. Town of DanvilleSupreme Court of Vermont · 1880
- Fassett v. Town of RoxburySupreme Court of Vermont · 1883
- Law v. Town of FairfieldSupreme Court of Vermont · 1874
- Riford v. Town of RochesterSupreme Court of Vermont · 1874
3Cited by9 opinions
- F. R. Patch Manufacturing Co. v. Protection Lodge No. 215Supreme Court of Vermont · 1905
- Hall v. RoyceSupreme Court of Vermont · 1937
- Mullaney v. C. H. Goss Co.Supreme Court of Vermont · 1923
- Williams Manufacturing Co. v. Insurance Co. of North AmericaSupreme Court of Vermont · 1919
- McBride v. WallaceNorth Dakota Supreme Court · 1908
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