Legal Opinion

Morgan v. Village of Stowe

Supreme Court of Vermont

Decided May 16, 1918PublishedCited by 12 opinions

Tort. Heard on demurrer to the complaint at the December Term, 1917, Lamoille County, Stanton, J., presiding. Pro forma ruling, sustaining the demurrer and adjudging the complaint insufficient. Plaintiff excepted.

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Tort. Heard on demurrer to the complaint at the December Term, 1917, Lamoille County, Stanton, J., presiding. Pro forma ruling, sustaining the demurrer and adjudging the complaint insufficient. Plaintiff excepted. The complaint alleges that the defendant village owned and operated a system of water works for the purpose of supplying the inhabitants thereof with water for domestic purposes, and for use in the protection of the property of said inhabitants from loss and damage by fire, and that, by its servants and agents, the defendant had placed, certain -hydrants in its streets for use in…

1Opinion of the CourtMiles, J.

This suit is brought to recover against the defendant for the negligent location of one of its hydrants, in consequence of which, it is alleged that the plaintiff was injured. The declaration was demurred to and the demurrer was sustained, and the ease comes here on exception to that action of the court.

The question here involved is of much importance, as it affects most, if not all, of the incorporated villages and cities in the State; for the hydrant, alleged to have been negligently placed, was located, with reference to the street and sidewalk, as hydrants are usually placed, and was…

2Cases cited12 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
  3. Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
  4. Jewett v. City of New HavenSupreme Court of Connecticut · 1871
  5. Tainter v. City of WorcesterMassachusetts Supreme Judicial Court · 1877

7 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Lemieux v. City of St. AlbansSupreme Court of Vermont · 1942
  2. Boguski, Admr. v. City of WinooskiSupreme Court of Vermont · 1936
  3. Cole Drug Co. of Massachusetts v. BostonMassachusetts Supreme Judicial Court · 1950
  4. Perry v. City of IndependenceSupreme Court of Kansas · 1937
  5. Strohmaier v. Wisconsin Gas & Electric CoWisconsin Supreme Court · 1934

7 more not listed; retrieve them via the Exa API.

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