Coates v. Town of Canaan
Supreme Court of Vermont
Case for injury on a highway. Plea, general issue, and trial by jury, September Term, 1875, Essex County, Barrett, J., presiding. It appeared that the injury was received on Saturday, March 29, 1873, on a winter road in defendant town, and there was evidence tending to show that it was occasioned by a drift and a cradle-hole extending diagonally across the travelled track, so that as the plaintiff drove over them he was thrown in front of his sled and injured.
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Case for injury on a highway. Plea, general issue, and trial by jury, September Term, 1875, Essex County, Barrett, J., presiding. It appeared that the injury was received on Saturday, March 29, 1873, on a winter road in defendant town, and there was evidence tending to show that it was occasioned by a drift and a cradle-hole extending diagonally across the travelled track, so that as the plaintiff drove over them he was thrown in front of his sled and injured. The plaintiff introduced evidence tending to show, and the court understood it to be agreed, that the road in question extended along…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The plaintiff was injured on a so-called winter road. This winter road was. some thirty rods in length, nearly parallel with the regular highway, had been used thirty or forty years as a winter road, when the highway between its termini was impassable by reason of drifts, had been broken out for thirteen years by the highway surveyor, and broken out and repaired by him that winter. There was no evidence that the selectmen ever opened, or that they or the town ever recognized or adopted, this road as a public highway, or as a by-way, except…
2Cited by7 opinions
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Hudson v. Town of East MontpelierSupreme Court of Vermont · 1993
- Fassett v. Town of RoxburySupreme Court of Vermont · 1883
- Sharby v. Town of FletcherSupreme Court of Vermont · 1924
- Owen v. City of ChicagoAppellate Court of Illinois · 1882
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