Harding v. Town of Townshend case brief summary
43 Vt. 536 (1871)
CASE FACTS
The citizen filed an action for damages sustained by reason of an insufficiency of the town's highway. The trial court allowed testimony of whether the citizen had accident insurance from which he had received reimbursement and entered a judgment in favor of the citizen, minus the amount that the citizen had recovered from his insurance company.
DISCUSSION
CONCLUSION
The court reversed the order from the trial court and added the amount deducted from the citizen's damage award.
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43 Vt. 536 (1871)
CASE SYNOPSIS
Defendant town sought
review from an order of the trial court (Vermont), which entered a
verdict in favor of plaintiff citizen in his action for damages
sustained by reason of an insufficiency of the town's highway.CASE FACTS
The citizen filed an action for damages sustained by reason of an insufficiency of the town's highway. The trial court allowed testimony of whether the citizen had accident insurance from which he had received reimbursement and entered a judgment in favor of the citizen, minus the amount that the citizen had recovered from his insurance company.
DISCUSSION
- On appeal, the court held that the insurance company and the town were not joint tortfeasors or joint debtors so as to have made payment or satisfaction by the former operate to the benefit of the latter.
- The court determined that it could not have been said that the citizen took out the policy in the interest or behalf of the town, nor was there any legal principle which seemed to require that it be ultimately appropriated to the town's use and benefit.
- The court reversed the judgment and added the amount deducted to the damage award.
CONCLUSION
The court reversed the order from the trial court and added the amount deducted from the citizen's damage award.
Suggested Study Aids For Tort Law
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