Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1880-09-15
Concerning Road Damages.


Mr.. EDITOR Feeling somewhat anx-
ious about our grand list and state expen-
ses and road damages | venture to write
few lines. The town of Stowe is again
sued for five thousand dollars for private
damages sustained by Mr.. White. The
working class do not wish to stand such
things, under laws that tax only about one
half of the property that is to be taxed in
the state. If the Legislature will not re-
peal the laws on road damages, let them
pass a law that every man that is a tax
payer, who receives any injury on his
farm or in his shop, while at work to
support his family or to pay his taxes. the
same as if he was riding in his buggy. Let
every man have chance to get pay for
every injury, or let every man be his own
insurance company.
We have laws now to protect fish and
birds. OF how much more value is tax
payer than the fowls of the mir? What
would become of all the professional men
if it were not for the tax payersP All we
want is to have equal rights. Away with
road damages. Away with II lot of unnec-
essary offices, and the grand Jury, and
pass laws that will tax all taxable proper
ty in the state, and we shall see better
times. When | say we, mean the pro.
ducers, the tillers of the soil When talk
ing about reducing our state expenses We
mean business.
The above, from a correspondent OF the
Vermont Farmer, is pretty fair sample
of the mental process some people cal
reasoning.
The question under consideration is tn,
justice and equity of the law making
towns liable in damages for injuries sus
tanned on the highway. Now what it ha
to do with the question whether A pay
more taxes than he should, or b less, W,
cannot quite see. That is separate anC
distinct issue-a question by itself, and tn,
decision of the question of highway liabil
ity, one way or the other, would no
equallze taxes in the tleast, nor would
perfect and just equalization of taxes il
the least affect the question whether towns
should be liable for injuries received or
the highway from its unsafe condition
Nor is the argument used by some, thai
towns, by reason of the law, have to pay
for accidents happening from drunken or
careless drivers, of much Importance in
determining the question. We do not now
call to mind any law hut what may some.
times, through the dishonesty or incompo-
tency of some who may be connected in
some capacity with suits brought under
the law, work in Justice to some party
Able, keen or unscrupulous lawyers, in.
competent, prejudiced jurors and stupid
or lying witnesses may be sometimes
found, but are no more likely to turn up
in a road damages case than in case of
assault and battery, contested will, or any
criminal case.
Why are towns held liable for damage
on the highway Because they take entire
control of the highway and virtually con-
tract with the travelling public and the
tax payers to keep it in repair for safe and
comfortable travel.
All labor on the highway is done by
order of the town, and should be so done
for we can conceive of no voluntary sys
TEN of highway work which would moi
work far more inequality and injustice
then the present law. Levying and co,
Letting taxes from the people, and expend
ing them through the medium of theil
appointed officers for support of highways
should the towns be liable for the non.f full
tilment of their implied contract. w
can see no reason why not.
One might think by reading some o
the articles written on the subject that tb,
roads were kept in perfect repair, ant
that they could not be justly chargeabl
for any accident which might happen OF
them; but old rotten bridges, breaking
down under passing teams, bridges will
large holes in them and remaining so fo
days after the proper authorities are mott
fed, and then perhaps piece of old planl
thrown over them, are not unheard O
things.
The law specifically requires all loos,
stones to be removed from the highway
once in thirty days. yet within week W,
have Travelled principal highway wher,
stones were present to make travel I'M
pleasant and unsafe.
We know towns where the selectmer
have laid down the broad principl,
that it is cheaper to pay the damage
that to put and keep the roads in repair.
Roads are for the safe and comfortabl,
transit of the travelling public. The PEG
pie pay taxes to have them kept so, ant
if the town fails of its duty, it should suffel
the penalty.