Crockett v. Village of Barre
Supreme Court of Vermont
Case for an injury received upon the highway within the limits of the defendant village. Heard upon general demurrer to the declaration at the June term, 1893, Orange county, Start, J., presiding. The court pro forma overruled the demurrer. The defendant excepts. The declaration should allege that the village voted to accept its charter. I Dill. Mun.
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Case for an injury received upon the highway within the limits of the defendant village. Heard upon general demurrer to the declaration at the June term, 1893, Orange county, Start, J., presiding. The court pro forma overruled the demurrer. The defendant excepts. The declaration should allege that the village voted to accept its charter. I Dill. Mun. Cor. s. 83 ; R. L. ss. 3052, 3058; Acts of 1886, No. 190, s. 13 ; Acts of 1890, No. 17, ss. 1, 3. Suppose the village properly organized, it is not under its charter liable for injuries sustained upon its highways. It can levy no tax to pay such…
1Opinion of the CourtTaft, J.
This cause was heard upon general demurrer, to the declaration. The act incorporating the defendant was passed November 24, 1886, to take effect on the third Tuesday in January, 1887, provided a majority of the legal voters of the village voted to accept the provisions of the act. It is objected that there is no allegation that a majority of the legal voters ever voted to accept the articles of incorporation ; a like question as to other conditions of the act is raised. This point is not well taken. A distinct and positive averment of the existence of an artificial person is usually all…
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