Walker v. Town of Westfield
Supreme Court of Vermont
Action on the case to recover damages for a personal injury which it was claimed that the plaintiff, Rebecca Walker, had sustained by reason of insufficiency of a highway in Westfield. Plea, the general issue, and trial by jury at the April Term, 1866, Steele, J., presiding.
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Action on the case to recover damages for a personal injury which it was claimed that the plaintiff, Rebecca Walker, had sustained by reason of insufficiency of a highway in Westfield. Plea, the general issue, and trial by jury at the April Term, 1866, Steele, J., presiding. The plaintiffs’ evidence tended to show that on the 4th of November, 1863, they were passing over the “ notch road,” that John Walker led the horse down the steep places, his wife and two children riding. On reaching the foot of these places John Walker stepped about fifteen feet ahead, when, as the plaintiff Rebecca was…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
This is an action against the town to recover damage for an injury sustained by the plaintiff’s wife by reason of the alleged insufficiency of a highway, oyer which the plaintiffs were passing with a horse and wagon.
The plaintiffs had given evidence to show the defective condition of the road, and the manner in which the accident was caused thereby, and, in substance, that, in a space between two logs that had constituted a part of a causeway, the wheels dropped into mud and water, causing at the same time a sudden stop of the wagon, and as…
2Cases cited1 opinion
- Kent v. Town of LincolnSupreme Court of Vermont · 1860
3Cited by16 opinions
- Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
- Bovee v. Town of DanvilleSupreme Court of Vermont · 1880
- Sowles v. MooreSupreme Court of Vermont · 1893
- Thayer v. GlynnSupreme Court of Vermont · 1919
- Lynds v. Town of PlymouthSupreme Court of Vermont · 1901
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