48 Vt. 172 | Vt. | 1876
The opinion of the court was delivered by
The only question reserved in this case is, whether the plaintiff was so “ bereft of his reason ” by the injury of which he complains, that he was not required under the statute, to give notice to the town of Ms injury and claim for damages.
The plaintiff was rendered, by the injury, unconscious by the fracture of his skull and its pressure upon the brain, until relieved by Doctor Thayer several hours after the accident. After thus relieved, he was in a debatable state, and the matter of fact was submitted to the jury by the court, under, as we think, a proper chai’ge. The jury.have found that he was, by the injury; “ bereft of his reason,” añd continued so from the same cause for more than twenty days thereafter.
I. The defendant claims that there was error in the charge of the court in this, “ that if the plaintiff was deprived of his reason so as to be incapable of exercising his reasoning powers to such an extent as to enable him to do simple matters of business, like the giving this notice, and so remained for twenty days,” by reason of the injury, he came within the proviso of the statute, and would not be required to give notice.
The statute exempts such as are injured on the highway from giving notice, if thereby they are “ bereft of their reason.” The statute is general in its provisions, and it becomes the duty of the court to give it a practical and reasonable application. And we think the chief justice has done so in this case.. The statute does not relieve the party from performing this duty so long as the
There is, of course, every degree between absolute unconsciousness — a total eclipse of the mind — and a slight impairment of the reasoning powers, and the fact must, necessarily, be left to the jury; and we think the degree of incapacity that would bring
There are many cases where one is “ bereft of his reason ” by a fall, blow, or other severe injury, and though restored in a comparatively short time, is never afterwards able to recall the circumstances or incidents of the injury, and can not state the occasion or the time and place of injury; and that would be a good reason for not being required to give the notice.
II. The point made by the defendant, that there was no evidence tending to prove that the plaintiff was “ bereft of his reason ” in the sense defined by the chief justice, we think is not well taken.
Judgment affirmed.