Barton v. Town of Montpelier
Supreme Court of Vermont
Case for an injury to the wife of the plaintiff, David Barton, occasioned by an alleged defect in a highway, in the town of Montpelier. The case was referred, and the referees reported the following facts: The plaintiffs, on the 3d of February, 1856, were driving in a sleigh on the old Winooski turnpike, in the town of Montpelier, and in the evening, at the place where the Vermont Central Railroad track crosses the turnpike, on Col.
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Case for an injury to the wife of the plaintiff, David Barton, occasioned by an alleged defect in a highway, in the town of Montpelier. The case was referred, and the referees reported the following facts: The plaintiffs, on the 3d of February, 1856, were driving in a sleigh on the old Winooski turnpike, in the town of Montpelier, and in the evening, at the place where the Vermont Central Railroad track crosses the turnpike, on Col. E. P. Jewett’s farm, the sleigh was overturned, and Mrs. Barton was thereby seriously injured. At tliat point, the railroad track crosses the highway on an…
1Opinion of the Court
*653The opinion of the court was delivered by
Barrett, J.
The referees specifically find that the road, at the point of the accident, was insufficient and out of repair, by reason of the narrowness and the manner in which the ridges of sno v had been cut down and thrown out, for keeping the track open during the winter. Into this narrow pass the snow had drifted during the day on which the accident happened. The sleigh was upset by one runner rising upon the drift thus formed. The immediate cause of the sleigh tipping over was the drift. The referees do not find that the drift made the road out of…
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