Knox v. Town of Wheelock
Supreme Court of Vermont
Action for injury on the highway. Trial by jury, December Term; 1882, Ross, J., presiding. Verdict for the plaintiff. The notice is sufficiently stated in the head.notes.
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Action for injury on the highway. Trial by jury, December Term; 1882, Ross, J., presiding. Verdict for the plaintiff. The notice is sufficiently stated in the head.notes. The plaintiff’s evidence tended to show that on the 8tb day of June, 1879, while crossing a bridge of about eleven feet span, on the road from Wheelock to Sutton, his horse’s foot went through a hole in the bridge near the Sutton side, or broke through the plank; that the horse keeled over, turned a somersault, jerked the carriage very near to the up stream side of the bridge; that by means thereof the plaintiff was thrown…
1Opinion of the Court
The opinion of the court was delivered 'by
Boyoe, Ch. J.
The notice of the defect in the bridge was sufficiently definite and certain. It does not appear that the *199plaintiff knew of the hole in the plank through which his horse stepped until after he had given the notice. He was justified in believing that the hole was made by the weight of his horse; and hence, he properly described the defect as being such a condition of the bridge that it would not sustain the weight of his horse. He gave as particular a description of the defect as he was capable of doing, and it does not appear that the…
2Cases cited2 opinions
- Perry v. Town of PutneySupreme Court of Vermont · 1880
- Reynolds v. City of BurlingtonSupreme Court of Vermont · 1880
3Cited by1 opinion
- Castle v. Town of GuilfordSupreme Court of Vermont · 1913