Brown v. Towns of Fairhaven
Supreme Court of Vermont
Case for damages occasioned by the insufficiency of a bridge. Trial by jury, September term, 1874, Wheeled, J., presiding.
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Case for damages occasioned by the insufficiency of a bridge. Trial by jury, September term, 1874, Wheeled, J., presiding. It appeared on trial that the bridge across Poultney River described in the declaration, was about 104 feet long, resting on abutments on the banks of the stream, and supported in the middle by a pier built in the river; that the bridge was built and maintained at the joint expense of the town of Hampton, in New York, and the towns of Fairhaven and Westhaven, in this state, and paid for in the proportion of one-half by Hampton, and one-fourth each by Fairhaven and…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
This is an action to recover for damages sustained through the insufficiency of a bridge across Poultney River, which is the state line, maintained at the joint expense of Eairhaven, Westhaven, and the town of Hampton, in the state of New York, the latter bearing one-half such expense. The right to maintain such actions against towns, is wholly given by statute. No such right exists at common law. Hence, it becomes necessary to inquire what right the statute confers in a case like this. The statutes of this state are limited in their operation…
2Cited by4 opinions
- Drew v. Town of SuttonSupreme Court of Vermont · 1882
- Vail v. Town of AmeniaNorth Dakota Supreme Court · 1894
- Clark v. Lincoln CountyWashington Supreme Court · 1889
- Tyler v. WillistonSupreme Court of Vermont · 1890