Legal Opinion

Baxter v. Winooski Turnpike Co.

Supreme Court of Vermont

Decided December 15, 1849PublishedCited by 37 opinions

Trespass on the Case. The plaintiff alleged, in the first and second counts in his declaration, in substance, that the defendants were a corporation, duly authorized to construct and maintain a turnpike road between Burlington and Montpelier, and to receive toll from persons travelling thereon, and bound to keep the same in sufficient repair, and liable to any person travelling thereon, from whom toll was demandable, for all damages sustained by them in consequence of any…

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Trespass on the Case. The plaintiff alleged, in the first and second counts in his declaration, in substance, that the defendants were a corporation, duly authorized to construct and maintain a turnpike road between Burlington and Montpelier, and to receive toll from persons travelling thereon, and bound to keep the same in sufficient repair, and liable to any person travelling thereon, from whom toll was demandable, for all damages sustained by them in consequence of any want of repairs of said road, and that they had constructed their road, and erected turnpike gates thereon, at which they…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

It is to be taken, in this case, that the business of the plaintiff called upon him to use the road in the manner set forth in the two first counts in his declaration ; and the first question is, was the county court right, as matter of law, in holding that the plaintiff could not recover for any general damages, which he might have sustained, whether they resulted from his not attempting to travel the road, at particular times, on account of its general insufficiency, or from his not being able to travel it as expeditiously and carry as…

2Cases cited3 opinions

  1. Barney v. BlissSupreme Court of Vermont · 1825
  2. Richardson v. Royalton & Woodstock Turnpike Co.Supreme Court of Vermont · 1834
  3. Gleason v. PeckSupreme Court of Vermont · 1840

3Cited by37 opinions

  1. City of Galveston v. PosnainskyTexas Supreme Court · 1884
  2. Town of Waltham v. KemperIllinois Supreme Court · 1870
  3. Board of Commissioners v. AllmanIndiana Supreme Court · 1895
  4. Jones v. City of New HavenSupreme Court of Connecticut · 1867
  5. Marshall v. Town of BrattleboroSupreme Court of Vermont · 1960

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