Legal Opinion

Gonyeau v. Town of Milton

Supreme Court of Vermont

Decided January 15, 1876PublishedCited by 2 opinions

Case for injury on a highway. Pica, the general issue, and trial by jury and verdict for the plaintiff, April Term, 1875, Pierpoint, Ch. J., presiding. The injury was received on Dec. 81, 1873, and a defective notice thereof was given on Jan. 22, 1874. The question., was whether plaintiff was so bereft of his reason in consequence of the injury that he was absolved from giving notice.

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Case for injury on a highway. Pica, the general issue, and trial by jury and verdict for the plaintiff, April Term, 1875, Pierpoint, Ch. J., presiding. The injury was received on Dec. 81, 1873, and a defective notice thereof was given on Jan. 22, 1874. The question., was whether plaintiff was so bereft of his reason in consequence of the injury that he was absolved from giving notice. The plaintiff claimed, and gave evidence tending to show, that he was; the defendant claimed the contrary. 'The defendant claimed that the evidence did not show that plaintiff was bereft of his reason at all,…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The only question reserved in this case is, whether the plaintiff was so “ bereft of his reason ” by the injury of which he complains, that he was not required under the statute, to give notice to the town of Ms injury and claim for damages.

The plaintiff was rendered, by the injury, unconscious by the fracture of his skull and its pressure upon the brain, until relieved by Doctor Thayer several hours after the accident. After thus relieved, he was in a debatable state, and the matter of fact was submitted to the jury by the court, under, as…

2Cited by2 opinions

  1. City of Birmingham v. WestonSupreme Court of Alabama · 1937
  2. Whitney v. Town of LondonderrySupreme Court of Vermont · 1882

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