Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1880-12-10
Road Cases.

The aggregate loss 10 the legal fraternity
Of this state from the repeal of the law max
ing towns liable for injuries received on the
highways would amount to many thousand
dollars but, it is said, there is never great
loss without small gain; what was lost by
the legal profession, would be gain to the
people at large. A much larger sum than
the lawyers would lose would also be saved
TO the towns and TO individuals, in the cost
Of litigation.
1t is doubtful whether as much money has
been paid to persons suffering injuries from
defects in the roads as has been expended in
such cases in lawsuits TO recover damages
From the nature Of all cases arising under
this law there is a degree of uncertainty that
makes it a prolific source of litigation. In
nearly all cases there is question as to the
liability of the town, and always a question
as to the extent of the injuries received.
Whatever may be the merit of the law in
the abstract it works badly in practice. 1t
is a temptation to INSCRIPTIONS persons who
meet with accidents in driving to allege de-
fects in the road, and TO exaggerate their in
juries or simulate them entirely. More than
half the road damage cases of which we have
had any knowledge have been of such a char
acter as to raise strong suspicion that inju-
ries to the person were in great degree sim
ulated, and other damages magnifed beyond
what the facts would justify. But juries,
perhaps unconsciously, are apt to favor an
individual as against town, and instances
are not uncommon where heavy damages
hoxra hna, r,noyaraI tow 1loy i,;, ~
which the plaintiff has rapidly recovered af-
ter the verdict
Perhaps most of the towns in the state
have at one time or another been obliged to
pay large sums in costs and damages, to set
tie suits of this kind, while keeping their
roads in Us good repair, according to the
amount of travel and the means of the town,
as could reasonably be expected. 1t would
be unreasonable to require all public high
ways to be equally perfect and to have no
imperfection where an accident might hap
pen as a consequence Of it. There are
thousands of roads that are little travelled in
districts that have little money to keep them
in repair, which serve the purpose of the res
ident inhabitants comfortably well, that
would subject the small towns in which they
are located to burdensome taxation to keep
them in such condition that they would not
be liable for heavy damages in case of serious
accident. It would seem TO be more reason
able that travellers should adapt their driving
to the road, running their own risk, than
that the towns should be required to warrant
their safety.
The repeal of the law would have tendency
to diminish the number of accidents in con-
sequence of defective roads. In some cases,
drivers not insured would observe greater
care. Horses of doubtful value would no
longer be purposely run over the railing.
Permanent spinal injuries from defective
roads would no longer have an epidemic
character Towns would be subject to in
dictment and fine, as before, for insuficiency
of the highway or for not repairing, and if
other provisions are found necessary to in
sure the safety of the travelling public they
should be enacted into law but let this one
that has proved so unsatisfactory in practice,
be repealed. Farmers should demand its re-
peal, as it is they who pay the principal part
of the heavy costs and damages growing out
of the litigation which the law invites.