Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1880-11-10
Road Damages.

IRAsBuRGH, VT. November 8, 1880.
Hr. EdtOr:-lt Is true that in every new coun-
try there is a time when the first settlers have
poor roads and do not expect any remuneration II
an injury is received by the team, vehicle or per-
son in using such roads. Inasmuch as the set
tiers in new country generally accept the pri-
vations OF the new in order to escape the burdens
OF the old, 1t is singular that any new town should
organize itself into an accident insurance COM
pany, and pay for all injuries received on their
defective roads, and at the same time make no
assessment upon travellers and have no source OF
income. We may suppose that they offer this ex-
traordinary inducement to travellers to come
among them and make themselves homes. 1t
was a great wrong to bind the town to do for
strangers what 1t would not do for citizens and
the result is the representatives OF the towns have
bound them bya law which causes them con-
tinued and unreasonable expense, with no cor
responding benefit 1t is In this respect worse
law than the one allowing town to bond in aid
Of railroad Has sufficient time elapsed while
this law has been in operation to prove that it
does not benefit the towns? II SO, then the rep
resentatives should repeal the law 1t will not
answer as well To limit the amount of compensa-
ton for an injury to $500 as by such limitation
the opinion would be expressed that some dam
age is just, some responsibility is assumed while
no damage Is just and no responsibility is as
sumed. The true condition OF the case is this:
Every man who has a good title to land should
have right Of way to 60 to 1t. The selectmen
of the town are authorized to arrange for his path
or road and have due regard for the rights of
Others. II he occupies this way alone, 1t may be
imperfectly made, but II neighbors come around
him, or village Is built up, then perfect
highways are needed and made and after they
are made, il any one places an obstruction in the
way, or with malice makes the way dangerous, he
should be punished by fines or by imprison-
ment. Here liability ends When this man or
these men have made the highway to suit their
convenience and necessities, it is absurd to re-
quire them to pay every traveller, whatever his
errand may be, a compensation for all damage he
may receive on their road II this absurdity is
insisted upon, then the town ought to be al
lowed to take toll of travellers sufficient to ac-
quire fund to pay these damages. When 1t is
stated that Rockingham is sued for $40, 900 by a
citizen Of New Hampshire, and tried before the
United States district court, it puts more serious
aspect upon what was first allowed as a courtesy.
Ia there United States law that reaches to
every state and territory that the first man who
goes to the wilderness shall pay all damage that
accrues to subsequent travellers who may be ex-
ploring the country 1t is damage to Vermont
to allow the present law to remain. 1t prevents
our new land from being settled. selectmen will
not lay out roads to accommodate the new home
and new farm. 1t is hardly possible for any man
to get new road laid as every road made in
creases the liability of the town to pay damage.
of fertile lands covered by forest and selectmen
have refused application for roads by the dozen
on account of this law. The damages awarded
by the courts cripple the towns financially, and
the law itself prevents the development OF the