Legal Opinion

Welsh v. Village of Rutland

Supreme Court of Vermont

Decided October 15, 1883PublishedCited by 37 opinions

Action on the case to recover damages for injuries received by Mary Welsh, the wife of the plaintiff, Michael Welsh, caused by slipping down upon the ice at the South West corner of Center and Wales streets, in the village of Rutland, on the 26th day of February, 1881. Trial by jury, March Term, 1882, Yeazey, J., presiding. The jury failing to agree, the court directed a verdict for the defendant. The facts are sufficiently stated in the opinion of the court.

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Action on the case to recover damages for injuries received by Mary Welsh, the wife of the plaintiff, Michael Welsh, caused by slipping down upon the ice at the South West corner of Center and Wales streets, in the village of Rutland, on the 26th day of February, 1881. Trial by jury, March Term, 1882, Yeazey, J., presiding. The jury failing to agree, the court directed a verdict for the defendant. The facts are sufficiently stated in the opinion of the court. There was no variance. Hutchinson v. Granger, 13 Yt. 386 ; Skinners. Grant, 12 Yt. 456; Rob.Dig.p.739,s.47; 15Yt.643 ; 18 Yt. 87; 40…

1Opinion of the Court

The opinion of the court was delivered by

Royce, Ch. J.

By its charter the village of Rutland is empowered: “ To provide for the preservation of buildings from fires by precautionary measures and inspections, and to establish and regulate a fire department and fire companies;” also “ to provide a supply of water for the protection of the village against fire and for other purposes, and to regulate the use of the same.” Charter, s. 11. It is also provided by section 4 of the charter, which in pamphlet form is made a part of the case, that

“ Said village, at every annual meeting thereof, shall…

2Cases cited22 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Maxmilian v. . MayorNew York Court of Appeals · 1875
  3. Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
  4. Ashley v. City of Port HuronMichigan Supreme Court · 1877
  5. Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870

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3Cited by37 opinions

  1. Marshall v. Town of BrattleboroSupreme Court of Vermont · 1960
  2. Mendel & Co. v. City of WheelingWest Virginia Supreme Court · 1886
  3. Gillespie v. City of LincolnNebraska Supreme Court · 1892
  4. Bryant v. City of St. PaulSupreme Court of Minnesota · 1885
  5. Stiles v. Village of NewportSupreme Court of Vermont · 1904

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