HOLDEN, Chief Justice.
This is an action of tort, instituted under the highway law to recover for personal injuries claimed to have been suffered by reason of the insufficiency and want of repair of a culvert. The statutory provision invoked is 19 V.S.A. § 1371: "If damage occurs to a person, or his property, by reason of the insufficiency or want of repair of a bridge or culvert which the town is liable to keep in repair, the person sustaining damage may recover...
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