Legal Opinion

St. Johnsbury v. Waterford

Supreme Court of Vermont

Decided May 15, 1895Published

Assumpsit to recover expenses incurred in the support of a pauper. Heard upon an agreed statement of facts at the December term, 1894, Caledonia county, Munson, J., pre.siding. Judgment for the plaintiff. The defendant excepts.

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Assumpsit to recover expenses incurred in the support of a pauper. Heard upon an agreed statement of facts at the December term, 1894, Caledonia county, Munson, J., pre.siding. Judgment for the plaintiff. The defendant excepts. The plaintiff sued for the support of one Esther Cushman from March 16, 1893, to the date of the writ, October 4, 1894. The material part of the agreed statement of facts was as follows: “The pauper, Esther Cushman, is sixty-eight years of age, and from her infancy has been physically perfectly helpless ; mentally, she is a bright woman. She lost the use of her hands,…

1Opinion of the CourtRoss, C. J.

The pauper, Esther Cushman, is normal, intellectually, in understanding, and in will power. Physically, she is helpless, having lost the use of her hands, feet and limbs in her iniancy. After attaining her majority she is presumed to have become emancipated and to have chosen her place of residence, unless the contrary is shown. Ludlow v. Landgrove, 41 Vt. 137; Westmore v. Sheffield, 56 Vt. 239; Hardwick v. Pawlet, 36 Vt. 320. The pauper continued to reside in her father’s family about four years after attaining her majority, as she had done before. The agreed case does'not state that she was…

2Cases cited3 opinions

  1. Town of Westmore v. Town of SheffieldSupreme Court of Vermont · 1883
  2. Town of Hardwick v. Town of PawletSupreme Court of Vermont · 1863
  3. Town of Craftsbury v. Town of GreensboroSupreme Court of Vermont · 1894

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