Hodge v. Town of Bennington
Supreme Court of Vermont
Case to recover for damage sustained by the plaintiff to Ms horse, wagon and harness, through the alleged insufficiency of a highway in the town of Bennington. Plea, the general issue. Trial by jury, at the December term, 1870, Wheeler, J., presiding, and verdict for the plaintiff, embracing the entire damage. Exceptions by the defendant.
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Case to recover for damage sustained by the plaintiff to Ms horse, wagon and harness, through the alleged insufficiency of a highway in the town of Bennington. Plea, the general issue. Trial by jury, at the December term, 1870, Wheeler, J., presiding, and verdict for the plaintiff, embracing the entire damage. Exceptions by the defendant. The highway in question lay between the villages of Bennington and North Bennington, and was a principal thoroughfare of the town, and as much traveled as any in town. It was conceded by the defendant, that the plaintiff had given due notice of the…
1Opinion of the Court
The opinion of the court was delivered by
Bedfield, J.
This is an action on the case to recover damage to horse, wagon and harness, by reason of the insufficiency of a highway in the town of Bennington.
The declaration alleges, in one count, that a section of said highway, viz., “from the Hailaway Corners, so called, to James H. Chapin’s place, so called,” was insufficient and in want of repair, and that “ through the mere insufficiency and want of repair” of said section of the highway, plaintiff’s horse was killed, his wagon destroyed, and harness injured.
The case disclosed, in proof, that the…
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