HARDING V. TOWN OF TOWNSHEND
43 Vt. 536 (1871)
NATURE OF THE CASE: Townshend (D) sought review from an order of the trial court, which
entered a verdict in favor of Harding (P) in his action for damages sustained by reason of
an insufficiency of D's highway.
FACTS: The Town of Townshend (D) had a duty to maintain its highways to prevent injury to
its citizens. Harding (P) was injured due to one of D's highways. P's insurance paid for
some of the injuries ($123). After a motion by D, the court ruled that the damages owed P by
D should be reduced by the amount that P had already received from its insurance. The only
issue to be decided at trial was the amount of damages owed. The court reduced the amount by
$123, and P received damages of $1,913.31. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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