Bottom's v. Hawks
Supreme Court of Vermont
Case for negligence. Heard on a separate general demurrer to each of the three counts of the declaration, at the December Term, 1909, Bennington County, Butler, J., presiding. Demurrers sustained and the declaration adjudged insufficient. The opinion fully states the case.
1Opinion of the CourtPowers, J.
The plaintiff excepts to the judgment of the county court sustaining general demurrers to his declaration and the two counts thereof. There is no essential difference between these counts, and, so far as need be stated, the following facts are alleged:
The plaintiff's intestate was a five year old boy. The defendant owned a mill in the village of Bennington and conducted water to it through an underground conduit. In this conduit and on the premises of certain third persons, he owned and maintained ah open bulkhead about three feet in diameter, built substantially flush with the surrounding…
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