Harding v. Town of Townshend
Supreme Court of Vermont
43 Vt. 536 (1871)
Relevant factsFree
Harding (plaintiff) purchased a $7 insurance policy and was later injured on a highway owned and operated by the Town of Townshend (defendant). Harding received $130 from his insurer for the injury and also sued the Town, which was found liable for $130 in damages; the trial judge reduced Harding's recovery by the net insurance proceeds he'd already received (his $130 payout minus the $7 premium he'd paid, or $123). Harding appealed the reduction.
IssueFree
Whether the amount of a plaintiff's judgment against a defendant should be reduced by the amount of collateral remedies, such as insurance proceeds, paid to the plaintiff for the same injury.