Legal Opinion

Powers v. Town of Woodstock

Supreme Court of Vermont

Decided February 15, 1865PublishedCited by 3 opinions

Action on the case to recover damages for an alleged injury to the plaintiff by tbe insufficiency of an highway in Woodstock. Plea, the general issue, and trial by jury, May Term, 1864, Poland, Ch. J., presiding.

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Action on the case to recover damages for an alleged injury to the plaintiff by tbe insufficiency of an highway in Woodstock. Plea, the general issue, and trial by jury, May Term, 1864, Poland, Ch. J., presiding. The plaintiff’s evidence tended to prove that on the 24th of November, 1860, he and his wife were riding in a single wagon upon the highway in Woodstock, and were about to cross a bridge over the Queechy river, near the village of Taftsville, and that about thirty feet from the south end of said bridge there was a small sag or ditch across the road to carry the water across, and on…

1Opinion of the Court

The opinion of the court was delivered by

Alms, J.

The motion in arrest was properly overruled. The declaration in describing the road and its defects uses very general terms. It does not describe what the defects were, nor where they were. But such generality in the description has been in common use in such declarations, and is found in the forms most commonly adopted in practice. But even if open to objection on demurrer, the defects are those merely of defective description, and are cured by verdict.

A more important question in the case is, is the place where the injury was occasioned a…

2Cases cited1 opinion

  1. Lester v. Town of PittsfordSupreme Court of Vermont · 1835

3Cited by3 opinions

  1. City of Emporia v. SodenSupreme Court of Kansas · 1881
  2. Tinkham v. Town of StockbridgeSupreme Court of Vermont · 1892
  3. Tyler v. WillistonSupreme Court of Vermont · 1890

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