Rice v. Town of Montpelier
Supreme Court of Vermont
This was an action founded upon the statute, — Revised Statutes, chap. 21, sec. 26, — to recover damages for an injury occasioned by the insufficiency and want of repair of a jhigjuyay. Plea, the general issue, and trial by jury, April Term, 1845, — Redfield, J., presiding.
Read the full summary
This was an action founded upon the statute, — Revised Statutes, chap. 21, sec. 26, — to recover damages for an injury occasioned by the insufficiency and want of repair of a jhigjuyay. Plea, the general issue, and trial by jury, April Term, 1845, — Redfield, J., presiding. On trial the plaintiff gave evidence tending to prove that in the autumn of 1842, and about eight or ten days before the happening of the injury to the plaintiff, one Roger Hubbard, for his own use and convenience, dug a hole, about three feet square and two feet deep, by the side of the highway in question, — which was in…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
This action, being for damages resulting from an alleged want of repair in a highway, which the defendants were bound to keep in repair, was tried by jury; and the question before us is, whether the instructions, which the court gave to the jury,, were correct, and whether the defendants were entitled to such instructions, as they requested the court to give.
It has often been determined by this court, that whether the plaintiff conducted with care and prudence, whether the road was in a sufficient state of repair, and whether the accident…
2Cases cited5 opinions
- Kelsey v. Town of GloverSupreme Court of Vermont · 1843
- Green v. Town of DanbySupreme Court of Vermont · 1840
- Johnson v. Inhabitants of WhitefieldSupreme Judicial Court of Maine · 1841
- Young v. Town of WheelockSupreme Court of Vermont · 1846
- Cobb v. Inhabitants of StandishSupreme Judicial Court of Maine · 1837
3Cited by10 opinions
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Morse v. Town of RichmondSupreme Court of Vermont · 1868
- Ireland v. . Oswego, Hannibal and Sterling Plank Road Co.New York Court of Appeals · 1856
- Baltimore & Ohio Railroad v. BotelerCourt of Appeals of Maryland · 1873
- Sale v. Aurora & Laughery Turnpike Co.Indiana Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.