Legal Opinion

Weeks v. Town of Lyndon

Supreme Court of Vermont

Decided October 15, 1881PublishedCited by 12 opinions

Action, to recover for injuries alleged to have been received while traveling over a bridge. Trial by jury, December Term, 1880, Caledonia County, Ross, J., presiding. Verdict for the plaintiff. The plaintiff gave evidence tending to show that on the evening in question between nine and ten o’clock when it was very dark, he was traveling over this highway, known as School street, in the village of Lyndon, in a wagon drawn by one horse.

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Action, to recover for injuries alleged to have been received while traveling over a bridge. Trial by jury, December Term, 1880, Caledonia County, Ross, J., presiding. Verdict for the plaintiff. The plaintiff gave evidence tending to show that on the evening in question between nine and ten o’clock when it was very dark, he was traveling over this highway, known as School street, in the village of Lyndon, in a wagon drawn by one horse. While passing over the bridge in question at a fair trot (from six to eight miles an hour) his horse broke through the planking and fell. He was thrown out…

1Opinion of the Court

The opinion of the court was delivered by

Tart, J.

I. The accident happened while the plaintiff was driving faster than a walk upon one of the approaches to the bridge, and after he had crossed the bridge. The approach was composed of trestle work, and the defendant offered evidence to show that the main stringers of the bridge were thirty feet long ; the court refused to admit the evidence, and such refusal is assigned as error. The statute s. 3139, R. L., imposes a penalty upon any person driving a horse “ faster than a walk, on a bridge with string pieces thirty feet long between the…

2Cases cited6 opinions

  1. Kent v. Town of LincolnSupreme Court of Vermont · 1860
  2. Hill v. NorthSupreme Court of Vermont · 1861
  3. Pratt v. Town of SherburneSupreme Court of Vermont · 1881
  4. Wetherby v. FosterSupreme Court of Vermont · 1832
  5. Green v. DonaldsonSupreme Court of Vermont · 1844

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
  2. Leonard v. WillcoxSupreme Court of Vermont · 1928
  3. Tinney v. CrosbySupreme Court of Vermont · 1941
  4. Maynard v. Town of WestfieldSupreme Court of Vermont · 1914
  5. Needham v. Boston & Maine RailroadSupreme Court of Vermont · 1909

7 more not listed; retrieve them via the Exa API.

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