Holcomb v. Town of Danby
Supreme Court of Vermont
Case for injury upon a highway. Plea, the general issue, and trial by jury, March Term, 1877, Wheeleb, J., presiding. It appeared that the alleged injury, which was an injury to the plaintiff wife, was received on Sunday, May 24,1874; and that a written notice thereof was delivered to one of the defendant’s selectmen on June 5, following.
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Case for injury upon a highway. Plea, the general issue, and trial by jury, March Term, 1877, Wheeleb, J., presiding. It appeared that the alleged injury, which was an injury to the plaintiff wife, was received on Sunday, May 24,1874; and that a written notice thereof was delivered to one of the defendant’s selectmen on June 5, following. The notice, as far as it related to the place where the injury was received, was as follows: This is to notify the selectmen . . . that while my wife Charlotte A. Holcomb was travelling in the public highway, leading from Danby á-corners to Tinmouth, by the…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, C. J.
This action is brought to recover for an injury sustained in consequence of the insufficiency of a highway in the town of Danby. The first questions presented relate to the notice given by the plaintiffs to the town of the injury and of the place where it occurred. It is claimed on the part of the defendant that the court below erred in submitting the question as to the sufficiency of the notice to the jury. The case shows that there was no controversy or dispute upon the trial as to the place of the injury, or as to the prominent…
2Cited by11 opinions
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- Hoadley v. International Paper Co.Supreme Court of Vermont · 1899
- State v. CorologosSupreme Court of Vermont · 1928
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