The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1919-07-01
PLAN To ACT FOR
PUBLIC SAFETY
Brattleb0ro Citizens May
Move in Case of Dunn
merst0n Road
LEGAL ACTION
SEEMS JUSTIFIED
Law Bearing on the Case Quoted-Sev-
eral Accidents on Dangerous High
way-State Ready to Build New
Road When Right of Way Is Secured.

Because of the succession of automo-
bile accidents on the Putney road in
Dummcrston, north Of tie Crosby pond,
and the apparent Indifference Of the
town Of Dummerston to the situation
created by the dangerous conditions
there it is probable that someone here
viii make some move under the statute
which makes town liable TO indict
ment and fine for failing to make it's
highways reasonably safe The aeci-
dent last week Thursday when car
containing Mr.. and Mrs w p. Gree
10y and daughter Of Trenton n J., ran
off the highway and started down a
long emhankmcnt and was stopped by
tipping against a tree brought the dan
gcrous condition Of tho road again to
the attention OF he public, as was done
previously when a Holy0lsc woman was
killed somewhat south Of that point
and when. before either of those acci-
dents a car containing some Brattlcboro
young men ran off the bank near there
and were injured There was no railing
where Mr. Greclev's car got into trouble
ard the growth of bushes beside the
road concealed the top Of the emhank-
mcnt. Brattlcboro people are interested
in this matter. as many Of thcm drive
1 over this piece OF road every day.
| Some time ago a survey was made for
| Il new road from the johnson place to
| the lower road hy the Crosby pond,
which would eliminate this dangerous
Ipiece Of highway, but nothing has come
of it. The survey has been approved bv
the state highway department and state
fmonev IS available for building the road
when the town Of Dummerston provides
The right Of way
Section 4.534 Of the General Laws ot
/ Vermont reads as fellows: Guards and
railings \ town shall erect and main
tain in dangerous places on its public
+ highways suitable guards and ratings
TO protect travellers from accident by
running over or down embankmentS
and shall be subject to the provisions ot
\ chapter ono hundred and ninety-fve re
lating to repairs on all highways anC
bridges, in respect to the provisions o.
this section
With respect to indicting a town fo+
failure to keep highway in repair sec
ton 4,6l9 says: Fine; expenditure O
same When town, liable to keep il
repairs a highway or bridge fails 5,
to do, it may be indicted for such neg
lect by the grand jury of the county
and NAV be fined at the discretion
of the court, whether any special dam
age has been sustained or not and tn
fine SO assessed shall be expended i
repairing the highway or bridge, unde
, the direction of a commissioner appoint
cd by the court.
The supreme court in an opinion i
! 1899 in which this question was in
. volved held that "the want of a guar
! or railing at dangerous places to pro
4 tcct travellers from running over en-
+ bankments was such an insuflicienc
! and want of repairs as would make
Q the duty of the county road commi,
9 sioners to take action and secure guard
or ratings to be erected. and would iu,
e tify the county grand jury in indictin
d a town and the court in assessing a fin
and causing it to be expended for tn
il purpose of making such places reason
4 ably safe for travel "