Legal Opinion

Spear v. Town of Lowell

Supreme Court of Vermont

Decided March 15, 1874Published

Case for damage on a highway. Plea, the general issue, and trial by jury, December term, 1872, Peck, J., presiding. The plaintiff gave evidence tending to prove, that on the 29th of March, 1869, he was passing over a highway in the town of Lowell, in a sleigh drawn by one horse, when, by reason of the deep snows that had fallen and been suffered to remain in the highway, and by reason, of the drifts of snow which had filled the road, and been suffered to remain without being…

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Case for damage on a highway. Plea, the general issue, and trial by jury, December term, 1872, Peck, J., presiding. The plaintiff gave evidence tending to prove, that on the 29th of March, 1869, he was passing over a highway in the town of Lowell, in a sleigh drawn by one horse, when, by reason of the deep snows that had fallen and been suffered to remain in the highway, and by reason, of the drifts of snow which had filled the road, and been suffered to remain without being shoveled out or otherwise removed, and by reason of a thaw which had commenced on the 27th of said March, whereby the…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

No exception was taken to the charge of the court, and under the charge, the jury must have found that down to the time of the commencement of the thaw on the 27th of March, the town had discharged its entire duty in reference to this highway. The exceptions taken were to the rulings of the court upon questions relating to the duty of the town after the thaw had commenced. No question seems to have been made but that the highway in question was unsafe for public travel at the time of the happening of the accident to the plaintiff; and the…

2Cases cited1 opinion

  1. Clark v. Town of CorinthSupreme Court of Vermont · 1868

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