Palmer v. Village of St. Albans
Supreme Court of Vermont
Case for negligence. Heard on a referee’s report, exceptions, and motion to recommit, September Term, 1887, POWERS, J., presiding.. Judgment on the report for tlie damages found. Reversed.
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Case for negligence. Heard on a referee’s report, exceptions, and motion to recommit, September Term, 1887, POWERS, J., presiding.. Judgment on the report for tlie damages found. Reversed. The referee found, in substance : That the defendant was a municipal corporation, duly organized under the laws of Vermont, and that its fiscal year began the first Wednesday in April in each year; that in 1879, at a meeting of the trustees of the village, Marshall Mason was by them appointed water superintendent and street commissioner, and again appointed April 10, 1880, and that hie acted in that…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The defendant offered evidence tending to show that before and at the time in question the tiles were the property of Ripley Sons, and in the custody and control of Mason as an individual, and not as water superintendent nor street commissioner, both of which offices he had for a long *435time and then held. The plaintiffs objected to the admission of this evidence, for that it was not competent to show snch facts. But the referee admitted it, and found therefrom .certain facts, which he details, and from those facts alone he finds that the tiles…
2Cases cited6 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Quinn v. . PowerNew York Court of Appeals · 1882
- Rounds v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1876
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3Cited by10 opinions
- Ploof v. PutnamSupreme Court of Vermont · 1908
- Ploof v. PutnamSupreme Court of Vermont · 1910
- Gibson v. DupreeColorado Court of Appeals · 1914
- Young v. LamsonSupreme Court of Vermont · 1960
- Independent School District v. HubbardSupreme Court of Iowa · 1899
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