Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1870-04-22
ehittenden County Court-iprilsT Term.
Hon. JOHN PIERPoISr, Presiding Judge
" SMITH WRIGHT,
NATHAN LINCOLN, A'Si''AN's'
THURSDAY, April Il, Is
THE HINEsBuRGH ROAD CASE.

sclbed limits OF the public highway The
plantlii claims that the evidence was Of such
character as to show that the town was liable
to keep tne side track, on which the accident
took place, in good repair. The evidence tends
to show both this and the contrary, so that it is
LETT for you 10 beside where the balance Of the
testimony lies. While the town is not bound to
keep the rbOis width Of the highway in perfect
repair, still it Is not bound to keep any par
ttcuar track in order as long as it makes at
least one safe way for travel. If it provides
more than one passage way Tor travel within
the road limits, it must keep both in good re
par. The evidence tends To show that IN TINS
case. the side track where the plaintiff was
driving had been generally travelled. Since
the erection Of the grist mill many years since,
nearly all the travel to this mill from the South
passed over this track This evidence tends to
SHOW that the town regarded this as portion Of
The travelled roadway, and the public would
therefore have a right TO infer from this that
il was one Of the public roads of the town.
There Is, however, no evidence tending to show
that this track had ever been specially con-
structel for travel, or hal ever been worked by
be town. On the contrary, there Is testimony
showing thar i had been neglected whenever
the other aud parallel track had been repaired
There Is no great c0nhic, between the witnesses
as TO these points and the jury must judge Of
the facts as brouzhtout If you are SAT stied that
this track was a part of the travelled way, tie
court ie.ls YOU that the town is hound 20 keep
it in as good repair as the extent Of it pull
use demanded Tie question then il was u so
Ear ont Of repair 20 the time as 70 MAKE the
town liable for its unsafe condition. In con-
silering this, YOU must bear ia mind, that the
place OF rhe accident was always more or less
uuidy during the wet potion Of the year The
evidence tents to show that TIE mud on this &C.
ca-iou resulted from he bursting Of an acque-
duct pipe Lard bv NJ Flanagan as long ago as
1888. which now had unexpectedly burst, and
therefore should be placed in the same category
as any sudden action Of the elements which
should cause ma unexpected iusuticiency Of the
M~hwev If this was the case, the town would
not De HALLE for any accident such a condition
Of tb-l-s might cause without sufficient
notice either actual or presumptive and
whether the town received such ac-
tual OF constructive notice is for you 90
determ. e. Remember it occurred In the spring
# the year. when The frost was coming out Of the
r1sd6ei. aui that II is not rs easy for road CONF
miss uuers 20 settle their roads as t is for any oi
your wives Go settle their coffee by the mere
dropping iu Of az egg or the use of cold water
The spirit Of the law only requires tie town au-
thoriles, under such circumstance, 10 30 AT
~-e' - ~ -..
o-' o., it vac s ,.,....s ,.,.r;,,
'-e !'."''-' y aug as" 49, -
lei /. ,ue A1-' ID SD 7-'
damase-- :-.i
IL j"e..s e-'.a .1e yu'! cam, A. .N c .'.' ~
wheeler. that they could not agree upon "A yer-
diet and they asked, therefore, 90 be excused.
They were. however remau lei ty the Court
with particular .u''' -'.-l9 'o "'. '''.'.1. -
81. "Nt t's' '"1 ny
ami stated mat N was use-7S7 10 --."
longer their papers were 'Aei'ull1 .'N'" IN n
ny iae court anu lNy 'ue' N'l7 y,
hali'y -oi"I. III 1''' ''' ''--
learn '1A. .''e .i't 7'e'' ''- ~
the Ii-u,.-
Inc cas-, %. h.'A '-s.,
Bolton was ineA 'lliiItLlt.' Inns j. p" a- ", "
Of a,sumIsii u recover Town u.1I'-- i''
I-Nnui en.s.e- 10 l'e 'l1 T. i'-l lH '''
summer % l9.- ana Ie-eh-'>,eI I'D ~. eii'''
l-t5, 20 tlecrei.i % Tie I-"n el n''',l' ''l
SERVED through 'he Wat. liz GAINS '' recover
bounty voted hy the 'oW- "A -A91l ''-e l'e' ''1'
20 his 1e-en.>tment. 'g.snee j. senef'. .s'q.'
aud payment lu full % all thar The toNA is laH''
toTy.
H. Ballard AMI ID. 3D. lA--0lt TOT p.A.ii-l j.
r. Hard and q. kennedy i'r me l@lei 'l'-
Ola che e.a-.-'en li me i's'il''ay -' ll' g
clock tle Court rules. iHat me evidence ''ll
Ell % s.o" 'At' 'le 'l- -.... '-'' , -
me ci. ,i .''l.'yI '-.t 81.
t1N1-el u - 49,.
.'.1 90 .-- -, .-,s5--.f l.i I;-.,5s-.e.
ton was NAe,AsI 10 'A''''- -'1-
DIS cam y ,l9 .. .L - l- H.
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day M.ii.'' e '' nan --A'
time '-' N'-i' WIS az
MoNhAA Aprl i'' i9'..
At the opening u the court tl.S A3,..N z
the case pt Albert O.. Ore" u.s. N'TIl.l3 Joy q
was taken up, tT consent NJ .9ilst-- TO see
the case should be market far tra- AZ TINS term
ON hearing, the Court neil taAl 'ae c'91 $40
upon a 4Iest.ga o. law ana should NOT te t'e
by jury I'LL this was settled
The arguments ni toluse. 10 tae t7t % '' .Ii
son Is. Town ai Bolton were c9lc.-iel lre'i.l
% the noon RECESS I'D Csc was gwen 10 ''
gary, after d i-.- el"-e ~ '-3 e.-'' 1' Isl
Ter before .--e1 '-'' ''' 'l''.'.' 49,.
prize. a.-si''' -,il TOD
10 itFor " iH- p-tAt.i.
ii-A 3D. N.i-l'. Is ,a' -' '-
wa- -le1 commenced ll.i, .- AN --l..- 'l '.e.'
me-- OBJ recover Oh NA-i''ie' 'l.-' ,.' %
certain i-ii- 10 ile Town % .-i'-
The plaintiff was appointed hin-u's'I razor
Ransom f-.mer, aal cams ny virtue %. C.
diuoa.- Iced IRON In'mAs r'.lle. 70 s''l i' ~
som Palmer. lie Prla-.i" iis,l ' 7
cl-e is "1e.Ne. or A'' 'i7 1.-'-' '' --
lesi have .eea 'fgAeD'
E Mes7rs- J. u. ht'- 4''' '- " p, =
p the p-alLy', VI L-- o. 9A'" ana Oh. ''' "
the defendant ,.,.
b. After ine eAin.1'ii.n ~ w. "'' '7-es 2
81 the part o- 'ha .'-L,---, -A '-e U.s. % -.'-
A-l'r. r LA'e-e' W. VS. .... ,
terlay a'. .."..-' , A-,,-, .....-...- %. d.
The le;e' -A' .l5- '''5t .-. 1l go ~ .-
- Court q. me o'N''..lN vi W. - ~. T..
To- claimed never 20 A''' oH
4 testate lor nearing AT '--''.7 ~ .. -,
oo-I .i-5-.i --s.--.i ~ b,i nat hoo
,-,.'!,i VIM AMI directed the iurv TO return
vsri,.- for liz defendant. Plaintiff excepted. T.,
s ,e-,rians ,q.-e al wei and the case sent up TO tl