Legal Opinion

Robinson Templeton v. Town of Montpelier

Supreme Court of Vermont

Decided October 15, 1883PublishedCited by 8 opinions

Action to recover for injuries received on the highway. Heard on the report of a referee, December Term, 1881, Orange County, Rowers, J., presiding. Judgment pro forma for the defendant. The case is stated in the opinion. Negligence cannot be predicated upon the fact that the plaintiff took the old road. Wliar.

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Action to recover for injuries received on the highway. Heard on the report of a referee, December Term, 1881, Orange County, Rowers, J., presiding. Judgment pro forma for the defendant. The case is stated in the opinion. Negligence cannot be predicated upon the fact that the plaintiff took the old road. Wliar. Neg. ss. 66. 335, 403, 997 ; State v. Fryburgh, 15 Me. 405. If it was negligence, still if the defendant by the exercise of ordinary care and prudence could have avoided the injury, the plaintiff may recover. Badley v. London, FT. W. B. B. Co., 1 L. R. App. 754 ; Davis v. Mann, 10 M. &…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

The only question argued upon the report of the referee is whether the plaintiff’s right to recover is barred by his contributory negligence.

It appears that from the bridge crossing the Winooski river about a mile east of Montpelier, there are two public', highways open for travel; one leading east on the north side of the river between the railroad on the north and the river' on the south, and the other crossing over the bridge and leading east on the south side of the river and both coming together at a point further east, near the Coffee…

2Cases cited2 opinions

  1. Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
  2. Smith v. MooreIndiana Supreme Court · 1883

3Cited by8 opinions

  1. Barnes v. Town of MarcusSupreme Court of Iowa · 1896
  2. Ploof v. Burlington Traction Co.Supreme Court of Vermont · 1898
  3. Davis & Gay v. Central Vermont RailroadSupreme Court of Vermont · 1893
  4. City of Highlands v. RaineSupreme Court of Colorado · 1896
  5. Kilpatrick v. Grand Trunk Railway Co.Supreme Court of Vermont · 1900

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