Weller v. City of Burlington
Supreme Court of Vermont
TRESPASS on the case. Plea, general issue. Trial by court, September Term, 1886, Chittenden County, Taet, J., presiding. Judgment for the plaintiff. Reversed. The case appears in the opinion. There is no other contract or obligation between the State and a municipal corporation accepting a charter than such as the charter implies.. Dill. Mun.
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TRESPASS on the case. Plea, general issue. Trial by court, September Term, 1886, Chittenden County, Taet, J., presiding. Judgment for the plaintiff. Reversed. The case appears in the opinion. There is no other contract or obligation between the State and a municipal corporation accepting a charter than such as the charter implies.. Dill. Mun. Corp. ss. 965, 980, 1000, 1018. See Welsh v. Rutland, 56 Yt. 228 ; Hill v. Boston, 122 Mass. 344; Detroit v. Blacheby, 21 Mich. 84; Western College v. Cleveland, 12 Ohio St. 375. Corporate officers, though deriving their appointment, from the corporation…
1Opinion of the Court
*32The opinion of the court was delivered by
Rowell, J.
This is an action on the case to recover for
injuries received by the plaintiff while travelling on Main Street in the defendant city, by being run into by a sled on which some persons were coasting down the street.
The charter confers upon the city authority over its streets, and makes it its duty to keep them in suitable and sufficient repair, but imposes no greater duty in this behalf than is imposed upon towns in respect of their highways. It also provides for the raising of money for the performance of this duty, and empowers the city to…
2Cases cited2 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Welsh v. Village of RutlandSupreme Court of Vermont · 1883
3Cited by13 opinions
- Jones v. City of WilliamsburgSupreme Court of Virginia · 1900
- Stiles v. Village of NewportSupreme Court of Vermont · 1904
- Sanborn v. Village of Enosburg FallsSupreme Court of Vermont · 1914
- Lemieux v. City of St. AlbansSupreme Court of Vermont · 1942
- Bates v. Village of RutlandSupreme Court of Vermont · 1890
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