Legal Opinion

Bartlett v. Town of Cabot

Supreme Court of Vermont

Decided October 15, 1881PublishedCited by 6 opinions

Trial by jury, December Term, 1880, Orange County, Powers, J., presiding; and verdict for the plaintiff. Action on the case for an injury to the female plaintiff caused by the alleged insufficiency in the highway: . The notice is given in full in the opinion, so far as it affects the questions discussed by the court; and the case is stated in the opinion. cited on the question of notice Pratt v. Sherburne, 53 Yt. 370 ; 52 lb. 586 ; 51 lb. 275 ; and that the load of lumber…

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Trial by jury, December Term, 1880, Orange County, Powers, J., presiding; and verdict for the plaintiff. Action on the case for an injury to the female plaintiff caused by the alleged insufficiency in the highway: . The notice is given in full in the opinion, so far as it affects the questions discussed by the court; and the case is stated in the opinion. cited on the question of notice Pratt v. Sherburne, 53 Yt. 370 ; 52 lb. 586 ; 51 lb. 275 ; and that the load of lumber was not a defect in the. highway. Crosby v. Boston, 118 Mass. 73 ; Morris v. Lynn, 124 lb. 170 ; 124 lb. 289; 102 lb. 334,…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The language of the notice descriptive of the personal injuries of the plaintiff wife is, “ greatly injured her head, neck, back, hips and limbs so that her life was greatly despaired of.” This is almost the exact language of the notice in Pratt v. Sherburne, 53 Vt. 370, which was held insufficient. The language of the notice in Perry v. Putney, 52 Vt. 536, was in substance and legal effect as definite and certain in describing the plaintiff’s injuries in that case as is the language of the notice in the present case, and yet it was adjudged by…

2Cases cited1 opinion

  1. Pratt v. Town of SherburneSupreme Court of Vermont · 1881

3Cited by6 opinions

  1. Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
  2. Townshend v. TownshendSupreme Court of Vermont · 1911
  3. State v. HopkinsSupreme Court of Vermont · 1883
  4. Robin v. BartlettSupreme Court of New Hampshire · 1887
  5. Farnsworth v. Town of Mount HollySupreme Court of Vermont · 1891

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