Town of Fletcher v. Kezer
Supreme Court of Vermont
Action on the case, founded on V. S. 5008, brought to recover damages for injury to a burial ground fence. Plea, the general issue. Trial by court, Franklin County, March Term, 1900, Thompson, J., presiding. On facts found, judgment was rendered pro forma for the plaintiff. The defendant excepted.
1Opinion of the CourtStart, J.
The action is upon V. S., s. 5008, and is for the recovery of damages caused by the removal of a stonewall which enclosed a burial ground. V. S., s. 5007, provides, among other things, that, if a person wilfully and maliciously injures any fence or other erections in or about a burial ground, he shall be imprisoned in the state prison not more than five years, or fined not more than two hundred dollars and *71not less than ten dollars; and V. S., s. 5008, provides that such person shall be further liable to an action on the case upon this statute for damages. The words, “such person,” in this…
2Cases cited1 opinion
- State v. RobbinsSupreme Judicial Court of Maine · 1877
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- Nelson v. NelsonCourt of Appeals for the Second Circuit · 1924
- State v. MuzzySupreme Court of Vermont · 1913
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