Nourse v. Town of Victory
Supreme Court of Vermont
Case for injury upon a highway. The case was referred, and the referee found and reported that on the evening of December 5, 1876, while travelling over a highway that the defendant was bound to keep in repair — a highway in the defendant town, leading across what was known as “ The Bog ” — the plaintiff drove against a log by which the highway was obstructed, and thereby broke his wagon and was thrown out and injured in and about his right knee ; and that the plaintiff…
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Case for injury upon a highway. The case was referred, and the referee found and reported that on the evening of December 5, 1876, while travelling over a highway that the defendant was bound to keep in repair — a highway in the defendant town, leading across what was known as “ The Bog ” — the plaintiff drove against a log by which the highway was obstructed, and thereby broke his wagon and was thrown out and injured in and about his right knee ; and that the plaintiff should recover the sum of $75 in full for injuries to his person and wagon, if, in the opinion of the court on the facts…
1Opinion of the Court
The opinion of the court was delivered by
Redfirld, J.
The referee has reported that the defendant is liable, and has assessed $75 as damages, and those damages are awarded for both injuries to the person and the wagon.
The only question reserved in the exceptions is, the sufficiency of notice to the defendant town. The statute requires that the notice “ shall contain a description of the injury received or damage sustained ; and if bodily injuries be claimed, the part of the body injured shall be given, together with the extent and effect of the injury upon the health of the person so injured.”
I…
2Cited by8 opinions
- Lane v. Town of GraftonSupreme Court of Vermont · 1997
- Graves v. Town of WaitsfieldSupreme Court of Vermont · 1908
- Pratt v. Town of SherburneSupreme Court of Vermont · 1881
- Perry v. Town of PutneySupreme Court of Vermont · 1880
- Castle v. Town of GuilfordSupreme Court of Vermont · 1913
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