Legal Opinion

Fulsome v. Town of Concord

Supreme Court of Vermont

Decided August 15, 1873PublishedCited by 20 opinions

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…

2Cited by20 opinions

  1. Johnson v. . R. R.Supreme Court of North Carolina · 1913
  2. Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
  3. Bourke v. Butte Electric & Power Co.Montana Supreme Court · 1905
  4. Paul T. McNamara Administrator of the Estate of John Grigel, Deceased v. Ernest P. DionneCourt of Appeals for the Second Circuit · 1962
  5. Pensacola Electric Co. v. BissettSupreme Court of Florida · 1910

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