Whitney v. Town of Londonderry
Supreme Court of Vermont
Trial by jury, June Term, 1876, Redfield, J., presiding. The verdict was set aside by the County Court. By agreement of the parties the case was afterwards referred ; the referee found for the plaintiff to recover $1000, and his costs; and the court, at the December Term, 1881, Veazey, J., presiding, rendered judgment on the report for the plaintiff.
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Trial by jury, June Term, 1876, Redfield, J., presiding. The verdict was set aside by the County Court. By agreement of the parties the case was afterwards referred ; the referee found for the plaintiff to recover $1000, and his costs; and the court, at the December Term, 1881, Veazey, J., presiding, rendered judgment on the report for the plaintiff. The case appears in the opinion of the court, except the following found by the referee: I find that the immediate result of the injury to the plaintiff was complete mental derangement, and that for several days thereafter, not less than five or…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
This cause was tried by jury at the term in June, 1875, and a verdict returned in the following words : “ We find no cause of action, solely on the ground that the plaintiff was mentally and physically disqualified to give legal notice to the town for the space of about two days from the time of the accident, from injuries received therefrom, but after that time was qualified to give said notice within thirty days, but neglected to do so.”
The verdict was set aside on the ground of its legal informality. The jury were directed if the verdict was…
2Cases cited1 opinion
- Gonyeau v. Town of MiltonSupreme Court of Vermont · 1876
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- Cook v. Town of BartonSupreme Court of Vermont · 1893