Legal Opinion

Bagley v. Town of Ludlow

Supreme Court of Vermont

Decided November 15, 1868PublishedCited by 5 opinions

Case, for injury received by reason of alleged insufficiency of a highway. Plea, the general issue. Trial by jury, May term, 1867, Windsor County, Barrett, J., presiding.

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Case, for injury received by reason of alleged insufficiency of a highway. Plea, the general issue. Trial by jury, May term, 1867, Windsor County, Barrett, J., presiding. On trial the plaintiff gave evidence tending to prove, that in the evening of November 15th, 1865, he, with two other men, started with a horse -and wagon from a point in front of Petti-grew’s store in the village of Ludlow to go to the residence of the plaintiff, which was on the road to Proctorsville, easterly from the village of Ludlow; that the team was facing west when he started, and that he turned the horse upon the…

1Opinion of the Court

The opinion of the court was delivered by

PiERPOiNT, C. J.

This is an action brought to recover damages lor an injury resulting from an alleged insufficiency of a highway.

The questions presented arise upon the refusal of the court to charge as requested, and the charge as given.

The defendants requested the court to charge the jury, that if the log that the plaintiff’s wagon came in contact with, resulting in the injury complained of, lay wholly without the limits of the highway, as originally surveyed and laid out, it did not constitute in law an insufficiency of the highway. The court declined…

2Cases cited1 opinion

  1. Kent v. Town of LincolnSupreme Court of Vermont · 1860

3Cited by5 opinions

  1. Wheeler v. Town of WestportWisconsin Supreme Court · 1872
  2. Drew v. Town of SuttonSupreme Court of Vermont · 1882
  3. Benedict v. Union Agricultural SocietySupreme Court of Vermont · 1902
  4. Castle v. Town of GuilfordSupreme Court of Vermont · 1913
  5. Drew v. Town of SuttonSupreme Court of Vermont · 1882

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