Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1874-06-10

sweeping, aud, therefore, admit Of great
deal Of litigation for special damages that
ought never to be allowed. We propose to
examine little in this article the laws Of
Vermont respecting the liabilities Of towns
for special damages resulting to persons,
teams, carriages or other property, by
means Of insufficient highways. There is
no question, in any honest and consderate
mind, that the towns are often held for
damages, and are constantly exposed to fines
aud assessments, because Of injuries to per-
sons or property for which they are not
Justly and fairly liable. The provisions Of
the law are SO general as scarcely to admit
the possibility Of escaping the payment of
damages for all kinds Of accidents and in
juries happening on the highway And
towns are unwilling to contend against any
claim for damages, whatever may have
been the accident or its cause, so sure are
they to be beaten in any such suit.
The law provides, in the first place,
that all highways and bridges, within the
bounds Of any town, shall be kept in good
and sufficient repair, at the expense Of such
town at all seasons of the year" And for
the purpose Of keeping in repair high
ways and bridges" tax Of eighteen cents,
in work, on the dollar Of the grand list, or
Of fourteen cents in money, shall be an
nually raised and expended by the select
men. The insufhciency Of the provision
thus made for the perfect construction aud
repair Of roads, is most papable. There
are not less than fifty miles of highway in
an average town. with an average list Of
$4,000 The amount legally to be raised
and expended in such town, in order to the
perfect suGieency of the highway, is 1920,
or $40 per mile We have purposely I'M
derrated the miles Of road and overstated
the list. But what is $40 per mile to
keep the highways and bridges of Vermont
in such repair that no danger need be ap.
pretended to person or property, from their
insuficiency2 1t is a mere bagatelle, ut
terly inadequate to meet the necessities of
the case. In fact, we imagine, that there
are few towns in this State that would not
need to take, annually, twice the amount of
the grand list, in order to render the roads
in their limits perfectly safe and sufficient,
according to the intent Of the statute. 1t
is perfectly clear that the legal provision
for the care of roads and bridges is utterly
inadequate. And we doubt whether it
would not impoyerish most of the towns in
the State to be compelled to keep their
highways in such condition as not to
make them legally liable for damages in
case Of accident. Such is the necessarily
inadequate provision for keeping the roads
Of the State sufficient and safe.
But the statute provides in the second
place, that any special damages happening
to person or property by means of INSULT
cheney or want Of repairs, may be recovered
by the person sustaining the damage, in an
action on the case, in any court proper to
try the same. There is but single thing
that will vitiate such action, and that is
where the damages are sustained by any
carriage bearing load exceeding ten thou
sand pounds in weight. The statute has no
other limitations, no other exceptions, and
no conditions, except as to the time and
mode of bringing the suit.
Now put these two things togeiher--the
impossiblity Of maintaining anywhere in
Vermont, a sufficient highway with the
legal provision for it, and the liability Of
the towns to all persons sustaining special
damages to themselves or their property,
by means Of insufficiency or want of repairs
and it can be readily seen that there i:
scarcely any case Of injury and loss sus
tanned on highway or public street, FOL
any cause whatsoever, but the town may bt
legally held for it. 1t is scarcely possibl,
that any accident should occur in Vernon
on highway, or on any part Of highway
that is legally sufficient The cause Of tn,
damage may be refractory and viciou
horse it may be some unexpected objec
in an adjoining field, or passing train
soaring timid horse it may be drunkeI
or careless driver it may be ricket,
and insufficient vehicle driven over som,
slight obstruction by design, in order I,
sell worthless carriage to the town for th,
price of good one, or secure needed re
pairs at the expense of public corpora
ton the cause may be willfu neglgenc,
taking advantage Of the inadequacy or wan
Of repairs in the highway; but whateve
the cause Of the damage, the town canno
avoid legal action against it, but by tn,
payment Of an award, and cannot contes
the action without the certainty of defeat
since reason for the damage can Away
be found 10 the insuiIiciency of the highway
There is something so maniiestly unfair
and unjust in this, aud it has come to be 81
great an evil and burden on the resources
of towns to meet their liabilities for acct
dents on highways, that some exceptions
and limitations to liability ought to BE-
made, in order to protect them against un
just, unfair and fraudulent claims. Under
the statute there eau be and is no protec
tion. There is no action for damages, how
ever unjust, that town can hope success
fully to resist And, in fact, it is the Gus
tom Of selectmen to avoid suits, by settin,
these claims for damages, rather than sub
jeet the towns TO the costs Of trial and tn,
certainty Of defeat.
The evil that has grown up under the Law
has come to be very serious. Ia early
times, when the population was sparse, wher
the perils Of the highway were not multi
piled by the proximity of railways, whel
men were more careful in driving, and NOR,
honest, too, about claiming damages fo
their own carelessness or stupidity, tn,
statute did not work any very extended o.