Page v. Town of Weathersfield
Supreme Court of Vermont
This was an action on th,e case for the insufficiency of a highway, whereby the plaintiff was injured in the loss of his horse. Plea, not guilty, and trial by jury.
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This was an action on th,e case for the insufficiency of a highway, whereby the plaintiff was injured in the loss of his horse. Plea, not guilty, and trial by jury. On the trial in the county court the plaintiff gave evidence tending to show that, more than twenty years since, a man erected a grist mill on his own land, in Weathersfield, and made and opened a road from the public highway, on his land, to said mill, being about thirteen rods, crossing a hollow ; that he sold said land and mill to his son, who occupied it several years, and sold it to his son, after erecting a bridge across…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The case before us is a very clear one. If the town is liable in this case, a highway may be established and the town liable to repair the same and subject to an indictment as well as a suit to be brought by individuals, against the consent, and contrary to the will, both of the town and the owners of the land, where the highway is attempted to be established.
Towns are made liable by force of the statute for injuries happening to individuals, and in consequence of the insufficiency or want of repairs of their public roads and bridges. A…
2Cited by9 opinions
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
- People v. JonesMichigan Supreme Court · 1858
- Green v. Town of CanaanSupreme Court of Connecticut · 1860
- Drew v. Town of SuttonSupreme Court of Vermont · 1882
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