Young v. Town of Wheelock
Supreme Court of Vermont
Trespass on the Case, to recover for an injury occasioned to the plaintiff’s wife by reason of the insufficiency of a highway, which the plaintiff alleged it was the duty of the defendants to keep in repair. Plea, the general issue, and trial by jury, — Redfield, J., presiding.
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Trespass on the Case, to recover for an injury occasioned to the plaintiff’s wife by reason of the insufficiency of a highway, which the plaintiff alleged it was the duty of the defendants to keep in repair. Plea, the general issue, and trial by jury, — Redfield, J., presiding. On trial the plaintiff introduced evidence, tending to prove, that, on the fifteenth day of June, 1841, the selectmen of the town of Wheelock altered an old road, existing in said town, by laying out, as an “ open road,” about one hundred and twenty two rods of new road, having its termini in the old road, and set over…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
This is an action against the town of Wbeelock, to recover for an injury sustained by the wife of the plaintiff, who was travelling in the town, by reason of the insufficiency of the road on which she was travelling. Towns are made liable, by statute, for all damages occasioned to individuals by reason of the insufficiency of a road, which they are obliged to keep in repair. They are bound to keep in repair all roads, which have been legally laid out and opened for travel.
The evidence, that a road has thus been laid out and opened for…
2Cases cited1 opinion
- Blodget v. Town of RoyaltonSupreme Court of Vermont · 1842
3Cited by5 opinions
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- Dickinson v. Town of RockinghamSupreme Court of Vermont · 1872