Legal Opinion

Whitcomb v. Town of Barre

Supreme Court of Vermont

Decided August 15, 1864PublishedCited by 4 opinions

Action on the case to recover damages for an injury to the plaintiff, his horse, wagon and harness,, and for an expenditure of time and money for the care, nursing and doctoring of the plaintiff’s wife for an injury and sickness, occasioned by the insufficiency and want of repair of a highway in the town of Barre, and also for the loss of her services and society. Plea, the general issue. Trial by jury at the September Term, 1863, Kellogg, J., presiding.

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Action on the case to recover damages for an injury to the plaintiff, his horse, wagon and harness,, and for an expenditure of time and money for the care, nursing and doctoring of the plaintiff’s wife for an injury and sickness, occasioned by the insufficiency and want of repair of a highway in the town of Barre, and also for the loss of her services and society. Plea, the general issue. Trial by jury at the September Term, 1863, Kellogg, J., presiding. On trial, the plaintiff offered evidence tending to show a large expenditure of time and money for the care, nursing and doctoring of his…

1Opinion of the CourtBarrett, J.

This is an action on the case under the statute, declaring for an injury to the plaintiff’s horse, harness and wagon, and for expense and loss of service resulting from an injury to the wife on the same occasion, caused by a defect in the highway over which the plaintiff with his team, and in company with his wife, was riding.

Exception was taken to the admission of evidence tending to show fiueh expense and loss of service resulting from said injury to the *150plaintiff’s wife, and upon this the case is before this court for revision.

It is conceded by counsel for the defendant, that, in a suit…

2Cited by4 opinions

  1. Lewis v. City of SpringfieldMassachusetts Supreme Judicial Court · 1927
  2. Harding v. Town of TownshendSupreme Court of Vermont · 1869
  3. Larisa v. TiffanySupreme Court of Rhode Island · 1919
  4. Elwell v. Barrows Coal Co., Inc.Supreme Court of Vermont · 1927

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