Campbell v. Town of Fair Haven
Supreme Court of Vermont
' Action, case for injury on tbe highway. Plea, general issue. Trial by jury, September Term, 1881, Veazey, J., presiding. Verdict and judgment for the plaintiff.
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' Action, case for injury on tbe highway. Plea, general issue. Trial by jury, September Term, 1881, Veazey, J., presiding. Verdict and judgment for the plaintiff. The case is stated in the opinion, except one question as to the admission of evidence, which is as follows: One of the trustees of the village, Peck, while being examined as a witness on the part of the defendant, after having testified that he had frequently seen said hydrant opened on said previous occasions, was asked the following two questions by the defendant: Prom the experience you have had and observation in reference to…
1Opinion of the Court
*338The opinion of the court was delivered by
Royce, Ch. J.
This was an action on the case brought to re cover for injury upon a highway. It was admitted that the highway where the injury occurred was one that it was the duty of the defendant town to maintain in good and sufficient repair.
The injury complained of was received at about 9 o’clock in the evening of the 24th of December. The defect in the highway, where the injury occurred, was occasioned by the act of one of the trustees of the village of Fair Haven, having opened a hydrant at about 6 o’clock of the same evening, and suffering it to…
2Cases cited9 opinions
- Hill v. Town of New HavenSupreme Court of Vermont · 1865
- Kelsey v. Town of GloverSupreme Court of Vermont · 1843
- Willard v. Town of NewburySupreme Court of Vermont · 1850
- Barber v. Town of EssexSupreme Court of Vermont · 1854
- Cassedy v. Town of StockbridgeSupreme Court of Vermont · 1849
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