Willett v. Village of St. Albans
Supreme Court of Vermont
Case for the negligence of the defendant in the construction and maintenance of its sewer. Plea, the general issue. Trial hy jury at the September Term, 1895, Franklin County, Munson, J., presiding. The defendant’s charter empowered the trustees to make and maintain sewers as the public health and convenience might require, and for that purpose to take the land of individuals under proceedings similar to those provided by statute in case of the taking of land for highways.
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Case for the negligence of the defendant in the construction and maintenance of its sewer. Plea, the general issue. Trial hy jury at the September Term, 1895, Franklin County, Munson, J., presiding. The defendant’s charter empowered the trustees to make and maintain sewers as the public health and convenience might require, and for that purpose to take the land of individuals under proceedings similar to those provided by statute in case of the taking of land for highways. The substance of Dr. Belden’s testimony was that he had had several patients within the three years last past, living…
1Opinion of the Court
Ross, C. J.(1) This action is to recover for damages sustained by the negligence of the defendant in the construction and maintenance of its sewer. On the trial the defendant took several exceptions which it now insists upon, based upon the ground that the plaintiff was not entitled to recover because none of the sewer and none of the sewage complained of came upon the plaintiff’s premises. The defendant’s charter in regard to constructing and maintaining sewers, in legal effect, is the same as the charter of the village of Rutland which was before this court in Winn v. Rutland, 52 Vt. 481,…
2Cases cited9 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Johnston v. District of ColumbiaSupreme Court of the United States · 1886
- Abbott v. MillsSupreme Court of Vermont · 1831
- Winn v. Village of RutlandSupreme Court of Vermont · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- City of Newport v. Fact Concerts, Inc.Supreme Court of the United States · 1981
- Young v. City of Des MoinesSupreme Court of Iowa · 1978
- In Re Town Highway No. 20Supreme Court of Vermont · 2012
- Sparrow v. Vermont Savings BankSupreme Court of Vermont · 1921
- Wells v. Boston & Maine RailroadSupreme Court of Vermont · 1909
13 more not listed; retrieve them via the Exa API.