Hyde v. Town of Jamaica
Supreme Court of Vermont
Insufficiency of highways. Liability of towns. Want of ordinary care.. Dedication. Action on the case to recover for damages occasioned by tbe insufficiency and want of repair of a highway and bridge which it was the duty of the defendants to keep in repair, and by the neglect, by the defendants, of that duty.
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Insufficiency of highways. Liability of towns. Want of ordinary care.. Dedication. Action on the case to recover for damages occasioned by tbe insufficiency and want of repair of a highway and bridge which it was the duty of the defendants to keep in repair, and by the neglect, by the defendants, of that duty. The action was referred, and the referee, at the September Term, 1852, made his report, upon which the county court, — Pierpoint, J., presiding, — rendered a judgment for the plaintiff; to which the defendants excepted. The report of the referee was as follows: From the year 1831 to the…
1Opinion of the Court
Opinions were delivered by each of the judges, as follows.
Bennett, J.
If this action can be maintained, (going upon the ground that the intestate was in the exercise of ordinary care, at the time of the accident,) it must be, I apprehend, either because the fordway in question became a part of the highway, which the town was bound to repair, or else because of their neglect to rebuild *454the bridge within a reasonable time; and their omission, hi the mean time, to build and keep in repair a safe fordway. If it could be established that this fordway became a part of the highway, the case, in my…
2Cases cited13 opinions
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
- Curtiss v. HoytSupreme Court of Connecticut · 1848
- Chidsey v. Town of CantonSupreme Court of Connecticut · 1846
- Kelsey v. Town of GloverSupreme Court of Vermont · 1843
8 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Harris v. Township of ClintonMichigan Supreme Court · 1887
- Marshall v. Town of BrattleboroSupreme Court of Vermont · 1960
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
32 more not listed; retrieve them via the Exa API.