Louthood v. Town of Cambridge
Supreme Court of Vermont
Action op Tort to recover for injuries received 'through the alleged insufficiency of a bridge. Heard on defendant’s demurrer to plaintiff’s complaint at the September Term, 1920, Orleans County, Fish, J., presiding. Judgment overruling the demurrer and adjudging the complaint to be sufficient. The defendant excepted. The opinion states the case.
1Dissent
Miles, J.;
dissenting. I am unable to agree with my associates that the notice in this case is insufficient. It is treated by the parties, as well as by the majority of the Court, with whom, in this regard, I agree, as a part of the complaint that could be reached by a demurrer, though unnecessarily alleged. As an allegation in pleading, it is in substance as follows: On July 3, 1919, the plaintiff notified the defendant that about ten o’clock on Sunday night, June 15, she received the injury of which she complains, etc. Thus construed, the year being expressed in the independent clause of the…
2Cases cited6 opinions
- Law v. Town of FairfieldSupreme Court of Vermont · 1874
- Royce v. MaloneySupreme Court of Vermont · 1886
- White v. Town of StoweSupreme Court of Vermont · 1881
- Babcock v. Town of GuilfordSupreme Court of Vermont · 1875
- Parker v. BurgessSupreme Court of Vermont · 1892
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