Cassedy v. Town of Stockbridge
Supreme Court of Vermont
Trespass on the Case to recover for an injury, which the plaintiff alleged he had sustained by reason of the insufficiency of a highway, which it was the duty of the defendants to maintain. Plea, the general issue, and trial by jury, — November Term, 1847,— Kellogg, J., presiding.
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Trespass on the Case to recover for an injury, which the plaintiff alleged he had sustained by reason of the insufficiency of a highway, which it was the duty of the defendants to maintain. Plea, the general issue, and trial by jury, — November Term, 1847,— Kellogg, J., presiding. On trial the plaintiff gave evidence tending to prove, that in October, 1845, he was riding in Stockbridge, in a wagon drawn by one horse, upon the road in question; that the road was at that place narrow; that the wagon of the plaintiff struck against a sled crook, lying by the side of the highway, and he was…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The questions presented for consideration in this case arise upon the charge of the court and the refusal of the court to charge as requested by the counsel for the defendant.
' The first and second requests evidently amount to a call upon the court to decide, as matter of law, upon the state of facts therein supposed, the sufficiency or insufficiency of the road; and we are clearly of opinion, that the defendant was not entitled to such a charge. Whether the road was sufficient, or insufficient, was a question of jfact, to be determined by…
2Cited by12 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Hill v. Town of New HavenSupreme Court of Vermont · 1865
- Lane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Morse v. Town of RichmondSupreme Court of Vermont · 1868
- Carlisle v. Town of SheldonSupreme Court of Vermont · 1866
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