Goshen & Sharon Turnpike Co. v. Sears
Supreme Court of Connecticut
in error. This was an action, brought by Sears, against The Goshen and Sharon Turnpike Company, on the statute relating to highways and bridges, to recover damages for an injury sustained by him, through the defects and insufficiency of the defendants’ road. The cause was tried, on the general issue, at Litchfield, February term, 1828, before Peters, J. The plaintiff obtained a verdict for 166 dollars damages.
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in error. This was an action, brought by Sears, against The Goshen and Sharon Turnpike Company, on the statute relating to highways and bridges, to recover damages for an injury sustained by him, through the defects and insufficiency of the defendants’ road. The cause was tried, on the general issue, at Litchfield, February term, 1828, before Peters, J. The plaintiff obtained a verdict for 166 dollars damages. The defendants then moved in arrest of judgment, for the insufficiency of the declaration. This motion was overruled, and the declaration adjudged sufficient. On motion of the…
1Opinion of the CourtPeters, J.
The statute, on which this action is founded, subjects towns to the burthen of making and repairing all necessary roads within their respective limits, unless it belongs to some particular person, persons or corporation to make and repair the same ; and provides, that the town, person, &c. who ought to repair such road, shall pay just damages for all injuries received in body or estate, through, or by means of their neglect. Stat. 266. lit. 48. s. 1. 4. 5. This statute contains general regulations on this subject, but imposes no duty on the defendants, unless the facts alleged by the…
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