Stickney v. Town of Maidstone
Supreme Court of Vermont
Case to recover damages sustained by the plaintiff, by reason of the alleged insufficiency of a highway in tfie town of Maidstone Plea the general issue and trial by jury at the March Term, 1868,. . — Poland J. presiding.
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Case to recover damages sustained by the plaintiff, by reason of the alleged insufficiency of a highway in tfie town of Maidstone Plea the general issue and trial by jury at the March Term, 1868,. . — Poland J. presiding. The plaintiff gave evidence tending to prove that in October 1856, while driving in a one horse wagon, in company with his wife, in the town of Maidstone, in passing over a small stream, which the highway crossed, over a small bridge which had become rotten and unsafe, the horse broke through the bridge so far that both his hind legs became fastened therein, and he was…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint J.
This is an action brought to recover damages *740for an injury sustained by the plaintiff in consequence of the insufficiency of a highway in said town.
No question is raised by the counsel for the defendant, or the case, as to the liability of the town to maintain the road, or its insufficiency.
But it is insisted that the insufficiency of the highway was only the remote, and not the direct and immediate cause of the injury and that for such reason the plaintiff is not entitled to recover.
The doctrine is well settled in this state that to make…
2Cases cited2 opinions
- Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
3Cited by12 opinions
- Lemos v. MaddenWyoming Supreme Court · 1921
- Page v. BucksportSupreme Judicial Court of Maine · 1874
- Woodman v. NottinghamSupreme Court of New Hampshire · 1870
- Place v. Grand Trunk Railway Co.Supreme Court of Vermont · 1907
- La Duke v. Township of ExeterMichigan Supreme Court · 1893
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