Legal Opinion

Town of Griswold v. Gallup

Supreme Court of Connecticut

Decided July 15, 1852PublishedCited by 7 opinions

This was an action on the ease, tried before the superior court, holden at Brooklyn, in April, 1852. In the declaration, it was alleged, that it was, by law, the duty of the defendants, to keep in good and sufficient repair a certain road and bridge, in the town of Griswold; that they were so raised above the adjoining ground as to endanger the safety of travelers ; and that the defendants, neglecting their duty, omitted to keep the road in repair, and to erect a railing on…

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This was an action on the ease, tried before the superior court, holden at Brooklyn, in April, 1852. In the declaration, it was alleged, that it was, by law, the duty of the defendants, to keep in good and sufficient repair a certain road and bridge, in the town of Griswold; that they were so raised above the adjoining ground as to endanger the safety of travelers ; and that the defendants, neglecting their duty, omitted to keep the road in repair, and to erect a railing on the sides of the road and bridge. The plaintiff, having occasion to pass the bridge and along the road, by reason of the…

1Opinion of the CourtWaite, J.

The statute relating to highways, requires

the several towns in this state to make and keep in repair all the necessary highways and bridges within their limits, except where it belongs to some particular person, or corporation, to maintain them. And it further provides, that if any person shall receive any injury, by means of any defective bridge or road, the town, which ought to keep the same in repair, shall pay to the party injured just damages. Stat. 1849, p. 416, 417.

It is insisted, on the part of the defendants, that, as their obligation to repair the road in question, was imposed by…

2Cited by7 opinions

  1. Bouchard v. People's BankSupreme Court of Connecticut · 1991
  2. Cunningham v. CunninghamSupreme Court of Connecticut · 1899
  3. Oconto County v. Union Manufacturing Co.Wisconsin Supreme Court · 1926
  4. Leone v. KellySupreme Court of Connecticut · 1905
  5. McKinley v. Chosen FreeholdersNew Jersey Court of Chancery · 1878

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