Purrington v. Town of Warren
Supreme Court of Vermont
Case for injury upon a highway. The case was fried at the September Term, 1875, Redfield, J., presiding, on an agreed statement of facts.
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Case for injury upon a highway. The case was fried at the September Term, 1875, Redfield, J., presiding, on an agreed statement of facts. The notice stated that the plaintiff received the injury in question “while travelling on the.highway in the town of Warren near the widow Ira Grandy’s dwelling-house, a short distance easterly on the road from said house, on account of a defect in the said highway and the plaintiff claimed that the injury was occasioned by defects in the road at and near a wooden sluice across the road. The facts agreed upon were, that the injury was received on a road…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The notice in question must be regarded as not answering the requirement of the statute. All the reasons on which the decision in Reed v. Calais, 48 Vt. 7, was made, apply with quite as much point and 'force against the sufficiency of 'the notice in this case as in that. Nothing useful would accrue by repetition or by amplification of those reasons. The case being made up by an agreed statement of facts, the judgment is reversed; and as the present decision is conclusive against the right of plaintiff to maintain an action for the cause…
2Cases cited1 opinion
- Reed v. Town of CalaisSupreme Court of Vermont · 1875