Wilkins v. Village of Rutland
Supreme Court of Vermont
This was an action of trespass on the case for the alleged negligenc® of the defendant resulting in the death of the plaintiff’s intestate. Plea, not guilty. The case was referred, and was heard at the March Term, 1888, Tyler, J., presiding, on the report of the referee and an agreed statement of facts. Judgment for the plaintiff, and exceptions by the defendant. The •questions raised by the exceptions sufficiently appear in the opinion.
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This was an action of trespass on the case for the alleged negligenc® of the defendant resulting in the death of the plaintiff’s intestate. Plea, not guilty. The case was referred, and was heard at the March Term, 1888, Tyler, J., presiding, on the report of the referee and an agreed statement of facts. Judgment for the plaintiff, and exceptions by the defendant. The •questions raised by the exceptions sufficiently appear in the opinion. There is an implied obligation on the part of the village to •construct its aqueducts and water boxes in a reasonable and prudent manner, and to keep the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The defendant owns and manages an aqueduct for supplying the inhabitants of the village with water for domestic purposes, and itself Avith water for the extinguishment of fires. For such use it has the right to lay aqueduct pipes through the streets of the village, and to maintain them. It is not contended that the village is not liable for injuries which it may cause by a negligent or improper use of its poAver, it being a right and privilege voluntarily assumed for its OAvn benefit, and not a municipal duty imposed by law. It is found by the…
2Cases cited2 opinions
- Welsh v. Village of RutlandSupreme Court of Vermont · 1883
- Mann v. Central Vermont RailroadSupreme Court of Vermont · 1883
3Cited by13 opinions
- Brown v. Salt Lake CityUtah Supreme Court · 1908
- Parrish v. City of HuntingtonWest Virginia Supreme Court · 1905
- Stiles v. Village of NewportSupreme Court of Vermont · 1904
- Faw v. Town of North WilkesboroSupreme Court of North Carolina · 1960
- Boguski, Admr. v. City of WinooskiSupreme Court of Vermont · 1936
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