Legal Opinion

Bates v. Town of Sharon

Supreme Court of Vermont

Decided February 15, 1873PublishedCited by 13 opinions

Case for damage sustained by 'reason of the insufficiency of a highway. Pica, the general issue, and trial by jury, December. term, 1871, Barrett, J., presiding.

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Case for damage sustained by 'reason of the insufficiency of a highway. Pica, the general issue, and trial by jury, December. term, 1871, Barrett, J., presiding. The plaintiff introduced evidence tending to prove, that on the afternoon of the first day of April, 1870, he was passing through the town of Sharon, along the highway on the north side of White River, driving a span of heavy team horses, which he had purchased the day before in Barre, and that his off horse got into some gullies in the highway, caused by the water running across the highway, and thereby received an injury which…

1Opinion of the Court

The opinion of the court was delivered by

Peck, J.

The question put to .Noyes by the plaintiff’s counsel, whether the gullies had the appearance of having been washed out recently or not, and his reply, that he should think they had been there, from the appearance, for several days, and a similar answer from the plaintiff to a like question, were proper. The general rule is, that the opinions of witnesses, except upon questions of art, science, and skill, are not admissible. But the rule has its exceptions. Where the facts are of such a character as to be incapable of being. presented with…

2Cited by13 opinions

  1. State v. WardSupreme Court of Vermont · 1888
  2. Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
  3. State v. FelchSupreme Court of Vermont · 1918
  4. State v. NortonSupreme Court of Vermont · 1976
  5. Johnson v. ConeSupreme Court of Vermont · 1942

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