Fulsome v. Town of Concord
Supreme Court of Vermont
Case for injury on a highway. Plea, the general issue, and trial by jury, December term, 1871, Eoss, J. presiding. It appeared in evidence and was uncontradicted, that on tbe 7th of June, 1870, the plaintiff was engaged in carrying the U. S. mail from West Concord to Lunenburgh; that on the evening of that day, which was rainy and dark, he started about fifteen minutes before ten o’clock, with a single team, to go from West Concord to Lunenburgh, and had proceeded about 100…
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Case for injury on a highway. Plea, the general issue, and trial by jury, December term, 1871, Eoss, J. presiding. It appeared in evidence and was uncontradicted, that on tbe 7th of June, 1870, the plaintiff was engaged in carrying the U. S. mail from West Concord to Lunenburgh; that on the evening of that day, which was rainy and dark, he started about fifteen minutes before ten o’clock, with a single team, to go from West Concord to Lunenburgh, and had proceeded about 100 rods from tbe village of West Concord, when he felt the wagon turning suddenly to the right; that he pulled upon the…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, Ch. J.
It is claimed on the part of the defendant that the county court erred in allowing one of the plaintiff’s witnesses to testify, “ that in his opinion, the highway at the place of the accident was not sufficiently wide to allow two team wagons to pass each other.”
If this testimony is to be regarded as the opinion of the witness as to the sufficiency of the highway, in respect to its width for public travel, its admission was clearly erroneous ; but we do not so regard the testimony. It is simply the opinion of the witness as to the…
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