Drew v. Town of Sutton
Supreme Court of Vermont
Action for injury on the highway. Trial by jury, September Term, 1879. Orleans County, Redfield, J., presiding. Pleas, general issue and notice. Verdict for plaintiff.
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Action for injury on the highway. Trial by jury, September Term, 1879. Orleans County, Redfield, J., presiding. Pleas, general issue and notice. Verdict for plaintiff. The exceptions stated: “The plaintiff’s testimony showed that the highway at the place where the injury occurred was fully three rods wide, and that the wrought or travelled part of the same was thirty-eight feet in width; that at said point the highway was slightly descending, going in a southerly direction, and that on the westerly side there was a steep embankment in the vicinity of twenty-two feet high, and several rods…
1Dissent
Dissenting opinion by
Ross, J.. I find myself unable to concur in the judgment rendered in this case by the majority of the court. On the facts stated in the exceptions, it seems to me that the judgment is a practical unsettling of the law of the liability of towns for the condition of their highways as heretofore determined and announced by this court, and greatly enlarges that liability as it existed under the statute as it stood at the time of the injury. Since then the statute has been so far modified, that at present they are liable to travellers for injuries sustained through…
2Cases cited9 opinions
- Hunt v. Town of PownalSupreme Court of Vermont · 1837
- Morse v. Town of RichmondSupreme Court of Vermont · 1868
- Barber v. Town of EssexSupreme Court of Vermont · 1854
- Cassedy v. Town of StockbridgeSupreme Court of Vermont · 1849
- Rice v. Town of MontpelierSupreme Court of Vermont · 1847
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