Winn v. Village of Rutland
Supreme Court of Vermont
Case for negligently permitting the overflow of sewage onto the plaintiff’s premises. In the first count the plaintiff alleged that he was the owner of a house-lot and house on Howe street in the village of Rutland, and that the defendant, being authorized to construct sewers for the accommodation and convenience of the inhabitants of said village, so negligently constructed a sewer through his lands that the contents thereof were emptied upon his premises, doing him and his…
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Case for negligently permitting the overflow of sewage onto the plaintiff’s premises. In the first count the plaintiff alleged that he was the owner of a house-lot and house on Howe street in the village of Rutland, and that the defendant, being authorized to construct sewers for the accommodation and convenience of the inhabitants of said village, so negligently constructed a sewer through his lands that the contents thereof were emptied upon his premises, doing him and his property great damage. The second count alleged negligence in keeping the sewer in repair, whereby like damage…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The declaration is in two counts. In the first, the plaintiff avers that he is the owner of a house and house-lot on Howe street in the village of Rutland, and that the defendant, being authorized to construct sewers for the accommodation and convenience of the inhabitants of the village of Rutland, so negligently constructed a sewer through his lands that by reason thereof the contents were emptied upon his premises, doing him and his property great damage. The second count charges the defendant with negligence in not keeping the sewer in…
2Cases cited9 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- City of Detroit v. CoreyMichigan Supreme Court · 1861
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Shields v. GerhartSupreme Court of Vermont · 1995
- City of Norwood v. SheenOhio Supreme Court · 1933
- Marshall v. Town of BrattleboroSupreme Court of Vermont · 1960
- Welsh v. Village of RutlandSupreme Court of Vermont · 1883
- Fuller v. City of RutlandSupreme Court of Vermont · 1961
26 more not listed; retrieve them via the Exa API.