Morse v. Town of Richmond
Supreme Court of Vermont
Trespass on tbe case for injuries alleged to have been sustained, by tbe plaintiff’s wife, by reason of defects and insufficiencies in. a certain highway in said town of Richmond, which tbe defendants were bound to repair. Plea, tbe general issue. Trial by jury, in Chittenden county, Pierpoint, C. J., presiding.
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Trespass on tbe case for injuries alleged to have been sustained, by tbe plaintiff’s wife, by reason of defects and insufficiencies in. a certain highway in said town of Richmond, which tbe defendants were bound to repair. Plea, tbe general issue. Trial by jury, in Chittenden county, Pierpoint, C. J., presiding. On trial tbe plaintiff proved that on June 15, 1864, a freight train, about 7 or 8 o’clock in tbe morning, came up on the Vermont Central railroad, and one .of the cars loaded with bales of 'Lay was on fire ; that to extinguish said fire the railroad employees unloaded said hay on the…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
This cause has been three times argued. We understand from the case, as well as from the statement of the defendants’ counsel at the first argument, that so far as the liability of the town might depend on the length of time that the bales of hay had been suffered to lie upon the highway, or upon proper notice to the town officers that they were there, the ruling of the county court were such that the defendants took no exception. The case, therefore, stands in this court on precisely the *438same ground that it would if it were conceded that the…
2Cases cited9 opinions
- Hunt v. Town of PownalSupreme Court of Vermont · 1837
- Kelsey v. Town of GloverSupreme Court of Vermont · 1843
- Dimock v. Town of SuffieldSupreme Court of Connecticut · 1861
- Prindle v. Town of FletcherSupreme Court of Vermont · 1867
- Cassedy v. Town of StockbridgeSupreme Court of Vermont · 1849
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- Town of Rushville v. AdamsIndiana Supreme Court · 1886
- Board of Commissioners v. BrownIndiana Supreme Court · 1883
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