Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1875-03-13
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GuILbHALI. VT. March n. 1874


GIrILDHALI, Vt, March II. 1879
One OF the greatest abuses that the
State of Vermont has to deal with in
the application of law by juries, is the
law relating 10 road damages. Courts
have been bent to favor parties rather
than corporations, wh:ch has inclined
the sympathies ofjuries largely in that
direction, and some of the most sub
lime humbugS, have donned the robes
of truth and veracity, and with words
of sympathetic eloquence have hum
bugged juries, and towns have suffered
severely. Enormous damages have
been allowed, when in a short time af-
fer the whole thing proved farce. In
many instances lawyers have bought
the cases and brought the suits, in
others, simply paying damansed part
les witness fees and board, for their
evidence, and in this way towns have
been put to enormous expenses by I'M
Just jury decisions. Indeed it is so
bad that if man by his own careless
ness in any way, meets with any dam
uge however trihlng on the highway,
towns usually pay rather than stand
trial, because the verdict Of courts and
juries have universally been against
them. A case in Washington County
was tried recently, when the usual
practice was reversed. The plea for
damages was that womans spinal
column was SO injured by riding upon
. slow trot through cradle HOES
(thank'e mans) as to be injured for
life. The evidence closed at night, and
the town offered eight hundred dollars
to settle, the plaintiff asked fifteen
hundred. 1t was quite apparent that
this was one of the lawyer cases, and
Judge Redfield gave very clear, con-
else and pointed charge, so much so
that the jury could very easily tell
what was moonshine and what was
sunshine, and brought in verdict for
defendant after half an hours deliber-
ton.
It is a notorious fact that many of
these cases are bought by lawyers
that lack for business and parties
are very willing to engage in suits
it they are rid OF the outrageous "term
fees" and are sure of witness fees.
The design of the law is to secure
good roads, that towns will look after
their highways if they are liable to
parties for all damages thereon. This
is not true however for in some of the
towns that have paid the heaviest DAM
ages the roads are poorer than years
ago. Some towns have had to pay
damage for accidents on their smooth
est and best roads and that good roads
are no bar for road damages. IF a
mans horse eteps on stone by which
a leg is broken in his own lot, he has
to lose it, but if the same accident
should occur in the highway the town
would have to pay the bill. The
idea Of the law is, for gross neglect,
to keep roads and bridges in suitable
repair. There are but few States that
recognize road damages. Men are
obliged to travel at their own risk,
and it seems that mas ought to run
the same risk as be would about his
ordinary business.
The abuses are so great in this di
rcction that the last Legislature came
near repeating the law, with suitable
guards to oblige towns to keep gooC
roads. Some towns have suits pend
ing where the claims amount to over
$4,000, and many towns instructed
their representatives to vote for the
repeal Of the law.