Mullen v. Town of Rutland
Supreme Court of Vermont
Case for injury on a highway. Trial by jury, September Term, 1882, Veazey, J., presiding; and verdict for defendant. On trial it appeared that the defendant town by its highway surveyor was repairing under the direction of its selectmen one of its bridges ; that the repairs were needed ; that said repairs were begun a day or two before the accident in question, and a by-path or side road was provided for the passage of teams and travelers while the bridge was up, which was…
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Case for injury on a highway. Trial by jury, September Term, 1882, Veazey, J., presiding; and verdict for defendant. On trial it appeared that the defendant town by its highway surveyor was repairing under the direction of its selectmen one of its bridges ; that the repairs were needed ; that said repairs were begun a day or two before the accident in question, and a by-path or side road was provided for the passage of teams and travelers while the bridge was up, which was used and was suitable for use ; that the hole left in the road by the taking up of the bridge was fifteen to twenty feet…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The plaintiff seeks to recover damages for injuries to the wife by reason of an insufficient highway.
The charge of the court was satisfactory except in one particular, to which the plaintiff excepted. The court charged the jury that “ if O ’Neil (the highway surveyor) fully discharged the duty of the town at the close of the day’s work, by way of precaution *80against accident to travellers in the night time, the town is not responsible for this accident or liable in this case, although the barricade was rendered insufficient by accident or…
2Cited by8 opinions
- Raymond v. KesebergWisconsin Supreme Court · 1895
- Ball v. City of IndependenceMissouri Court of Appeals · 1890
- Wheeler v. St. Joseph Stock Yards & Terminal Co.Missouri Court of Appeals · 1896
- Walker v. City of Ann ArborMichigan Supreme Court · 1896
- Board of Chosen Freeholders v. HoughSupreme Court of New Jersey · 1893
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