Capital Candy Company v. City of Montpelier

The plaintiff was awarded a verdict resulting from damage to merchandise, occasioned by the discharge of surface water. The theory of the case presented against the defendant was that the flooding, which occurred during a severe storm in the late fall of 1966, was caused by acts of the defendant in changing its storm sewer system on lands adjacent to the warehouse facilities leased by the plaintiff.

By way of a witness, named Milo, who had long acquaintance with the area, the plaintiff introduced evidence that an ancient catch-basin, covered by an open iron grate, formerly provided drainage…