Whitman v. Town of Pownal
Supreme Court of Vermont
Trespass on the Case. The plaintiff alleged, in his declaration, that his loaded wagon was overturned by reason of the insufficiency of a highway, which the defendants were bound to repair, and that he thereby suffered damage to the amount of seventy five dollars.
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Trespass on the Case. The plaintiff alleged, in his declaration, that his loaded wagon was overturned by reason of the insufficiency of a highway, which the defendants were bound to repair, and that he thereby suffered damage to the amount of seventy five dollars. The action was commenced before a justice of the peace; and, at the return day of the writ, the defendants moved to dismiss the action, for the alleged reason, that the cause of action set forth in the declaration involved the title to land, and therefore a justice of the peace had not jurisdiction thereof. The motion was overruled,…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
The only question in this case is whether a justice of the pea'ce had jurisdiction of the action.
The action was to recover damages occasioned by the overturning of the plaintiff’s loaded wagon, owing to the insufficiency and want of repair of a certain highway, which it was alleged the defendants were bound to keep in repair. The damages were claimed to be $75. By the statute giving justices of the peace jurisdiction, it is provided, that, ’with certain specified exceptions, their civil jurisdiction shall extend to all actions, when the debt,…
2Cases cited6 opinions
- Spear v. BicknellMassachusetts Supreme Judicial Court · 1809
- Hastings v. WebberSupreme Court of Vermont · 1829
- Whitney v. BowenSupreme Court of Vermont · 1839
- Yuran v. Inhabitants of RandolphSupreme Court of Vermont · 1834
- Dunton v. MeadSupreme Court of Connecticut · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jakeway v. BarrettSupreme Court of Vermont · 1865
- Schwartz v. MurphyCourt of Appeals for the D.C. Circuit · 1940
- People Ex Rel. N.Y.C., Etc., R.R. Co. v. . WalshNew York Court of Appeals · 1914
- People ex rel. New York Central & Hudson River Railroad v. WalshNew York Court of Appeals · 1914
- Bell v. ProutySupreme Court of Vermont · 1870
1 more not listed; retrieve them via the Exa API.