Harding v. Town of Townshend

43 Vt. 536 (1871)

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Harding v. Town of Townshend

Supreme Court of Vermont
43 Vt. 536 (1871)

Facts

Harding (plaintiff) purchased an insurance policy for $7. Harding was injured while on a highway owned and operated by the Town of Townshend (Town) (defendant). Harding received $130 from his insurance company for his injuries. Harding also brought suit against the Town for his injuries. The judge found the Town liable for Harding’s $130 worth of damages, but reduced the judgment for Harding by the amount of insurance proceeds already received, minus the amount Harding originally paid for the insurance. Thus, Harding’s recovery was reduced by the net proceeds of the insurance, or $123. Harding appealed.

Rule of Law

Issue

Holding and Reasoning (Peck, J.)

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