Daniels v. Hathaway
Supreme Court of Vermont
Action on the case against the defendants as selectmen of the town of Calais. Heard at the March term, Washington county, 1892, Thompson, J., presiding, upon the defendant’s general demurrer to the declaration. Demurrer sus-tainecl pro forma, to which the plaintiff excepts. The case appears in the opinion. No. 12, Acts 1884, made it the.duty of the selectmen to see that the highways of a town are kept in repair. For a wilful violation of that duty they should be liable.
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Action on the case against the defendants as selectmen of the town of Calais. Heard at the March term, Washington county, 1892, Thompson, J., presiding, upon the defendant’s general demurrer to the declaration. Demurrer sus-tainecl pro forma, to which the plaintiff excepts. The case appears in the opinion. No. 12, Acts 1884, made it the.duty of the selectmen to see that the highways of a town are kept in repair. For a wilful violation of that duty they should be liable. The selectmen of a town being charged with a public duty in reference to its highways, are not liable to an individual for a…
1Opinion of the CourtStart, J.
This cause was heard on demurrer to the declaration. In the declaration it is alleged that the defendants were, on the 30th day of May, 1891, selectmen of the town of Calais ; that there was a certain described highway in said town which it was the duty of the town to keep in good and sufficient repair; that by special statute it is made the duty of selectmen of towns, in case of the neglect of other officers, to keep the highways in good and sufficient repair; that on the day and year aforesaid said highway was insufficient and out of repair, in that there was no guard to prevent teams and…
2Cases cited13 opinions
- County Commissioners v. DuckettCourt of Appeals of Maryland · 1864
- Downer v. LentCalifornia Supreme Court · 1856
- Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
- McConnell v. DeweyNebraska Supreme Court · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hudson v. Town of East MontpelierSupreme Court of Vermont · 1993
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Sagar v. Warren SelectboardSupreme Court of Vermont · 1999
- Coldwater v. State Highway CommissionMontana Supreme Court · 1945
- Garff v. SmithUtah Supreme Court · 1906
14 more not listed; retrieve them via the Exa API.