Nicholson v. Doyle

The trial court absolved the defendants from responsibility for damage to plaintiffs’ cellar, brought about through three episodes of flooding. The source of the trouble was the overflowing waters of a small brook which ran through the rear of the plaintiffs’ property, then crossed the defendants’ lot, to exit through a twenty-four inch culvert under Terrace Street, in Montpelier. At times of high rains this culvert would not take care of the run-off and water would back, up behind Terrace Street.

The significant findings of the trial court may be briefly summarized. The lots of the plaintiffs…