Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1874-08-17
ACCIDENTS ON THE HIGHWAY,
AND A TOWNS LIABILITY.

AND A TOWNS LIABILITY.
A neighboring town, having in the
last few years paid several thousand dol
lars on account ofinjuries which persons
have received, or claim to have received,
from alleged insufhciency and want of
repair of the highways of that town, be-
lieves the law, making towns liable for
injuries received on the road, to be un-
just, and proposes through its .represen-
tative, to bring the subject before the
next Legislature, that the law may be
modified or repealed. The subject is
worthy of consideration, for there is no
denying the fact that towns often pay
for the result of accidents that are caus-
ed by the carelessness or incompetence
of drivers, and the yiciousness of horses.
Beside, and worse than this, is the fact
that they are often mulcted heavily BY
false swearing and prejudiced jurors.
As the law now stands, there are ma
ny objections that can be brought against
1t, among which the following are given:
1t would require an enormous outlay of
money to put all the roads and bridges
in the State in such state of sufheien-
cy and repair as to relieve towns of liza
bility. on account of accidents that may
happen upon them. It's doubtful wheth-
er this could be done at all.
There are thousand places In the
roads of every town to-day, where acct
dents might happen and the town be
held responsible. There are narrow pla-
ces in them, bitches, decIivities, banks
and obstacles besides these, and imper-
feetlons about them that must remain,
although these thousand places might
be called dangerous if accidents should
happen on account Of them. Many ae-
cldents happen in the night, for which
nothing but darkness should be held re-
sponsible; but, as darkness is not fnan-
cially responsible, those receiving inju-
ries seek, and generally find redress. by
suing the town in which the accident
happened Ice, snow-drifts, and thaws
In winter and spring, are fruitful sourc-
es of highway accidents, and it is i'm
possible to make them safe during these
seasons Of the year. If only honest per-
sons, who receive actual harm on high
ways. were paid damages and made town
pensioners, the Law would seem less OBJ
jectionable but there are those, in al
most every town, who might not desir,
or dare to steal from individuals, that
have eonseiences so obtuse that they vii
perjure themselves, wear crutehes ana
bandages, and feign disability for years
If need be, in order to rob town Of
Few hundred or few thousand dollars
Hence, IN undertaking to protect mel
from harm on the highways. and to re
yard them for such injuries as they re
ceIve, town becomes both an insuranc
company and pension agency. Man,
towns are disbursing money to these pen
siOners, and 70 those the law gives an in
surance policy, and they feel that thes
burdens are too heavy.
But 1t is easier to point out this dis
ease than to provide remedy for it
and 1t might not be wise, notwithstaDd
ing the objections against this law. I
repeal 1t at present. for there are instar
ees where towns and town officers are :
sh1ftless In regard to keeping roads i
decent condition, that they ought to su
fer few more losses from accident
life or limb for exemplary punishment
if nothing more
II the law can be modified by maxim
more cases in which there sba
be no liability on the part of towns o
II the courts viii be less stringent
their Interpretation Of what is reuu;rs
IN order to have highway in good ar
sutncient repair, remedy viii Be la
against the evil complained Of. To pr
vide against any disposition to becou
more lax in keeping roads in renal
should the law be modified or repeale
the Law In regard to indictment could
more frequently brought into use, al
the courts could assess fines that won
tend to set matters night in short tim
More money should be laid ont In n
pairing roads. and 1t should be wise
and economically expended by the 5
iectmen or BY street commissioner. rat
er than BY highway surveyors, unt
the character Of the roads shall be 50 !,
proved that accidents, caused BY =,