Green v. Town of Danby
Supreme Court of Vermont
This was an action on the case, to recover damages for an injury to the person of the plaintiff, occasioned by the insufficiency of a highway in Danby. Plea, not guilty.
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This was an action on the case, to recover damages for an injury to the person of the plaintiff, occasioned by the insufficiency of a highway in Danby. Plea, not guilty. The cause was referred, by the county court, and the referee made a special report, as follows.— “ On the trial of the cause, before the referee, it was pro- “ ved, on the part of the plaintiff, that some time in the ££ month of March, A. D. 1838, the plaintiff, being in an infirm ££ and feeble state of health, was being conveyed in a cutter “ with a covered top, drawn with one horse, and driven with “ ordinary care, along…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
— The decision of a referee on a question of fact is conclusive. The issue, in this case, was, whether the plaintiff was injured from the insufficiency, of the highway. The referee reports that the highway was insufficient and out of repair. This was a question of fact. Lester v. Pittsford, 6 Vt. R. 245. He also reports, that the plaintiff’s damage accrued from that insufficiency. This, also, was a question of fact.
It may possibly be said, that if a referee report other facts, absolutely inconsistent with his main conclusion, it may be…
2Cited by8 opinions
- Sagar v. Warren SelectboardSupreme Court of Vermont · 1999
- Rice v. Town of MontpelierSupreme Court of Vermont · 1847
- Sessions v. Town of NewportSupreme Court of Vermont · 1847
- Smith v. County CourtWest Virginia Supreme Court · 1890
- Edmonston v. Kansas City, MissouriMissouri Court of Appeals · 1933
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