Allen v. Town of Hancock
Supreme Court of Vermont
Action on the case, brought to recover damages sustained by reason of the insufficiency of a highway. Trial by jury. It appeared that the highway, on which the accident happened, was one built to accommodate a few inhabitants, but was one which the town was bound to keep in repair.
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Action on the case, brought to recover damages sustained by reason of the insufficiency of a highway. Trial by jury. It appeared that the highway, on which the accident happened, was one built to accommodate a few inhabitants, but was one which the town was bound to keep in repair. The plaintiff, at the time the injury was sustained, was descending a steep hill in the highway ; and he gave evidence tending to prove that the highway, at that place, was insufficient and unsafe, for want of some muniment on the lower side, to prevent teams from going off, in case of accident in descending the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
We see no objections to the charge of the court. The law was given to the jury, as it has been established in this state by a series of decisions. The only question in the case is, whether the defendant should have been permitted to make the proposed inquiry of the witness Chapin.
It is true that illegal evidence should not be permitted to go to the jury, if objected to; and if it is given in the presence of the jury, when objected to, it is error, which is not helped by the court’s directing them to disregard it. 13 Johns. 350. 15…
2Cases cited3 opinions
- Penfield v. CarpenderNew York Supreme Court · 1816
- Brown v. CowellNew York Supreme Court · 1815
- Irvine v. CookNew York Supreme Court · 1818
3Cited by6 opinions
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
- Langworthy v. Township of GreenMichigan Supreme Court · 1893
- Knapp v. Sioux City & Pacific R'y Co.Supreme Court of Iowa · 1884
- Nones v. NorthouseSupreme Court of Vermont · 1874
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