Legal Opinion

Stone v. Town of Glover

Supreme Court of Vermont

Decided May 15, 1888PublishedCited by 1 opinion

Assumpsit to. recover for keeping one Mary Stone, mother of the plaintiff, an alleged pauper of the defendant town, from the first day of March, 1886, to the 23d day of July, 1887; and for certain articles of clothing furnished the pauper. Trial by jury, February Term, 1888, Powers, J., presiding.

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Assumpsit to. recover for keeping one Mary Stone, mother of the plaintiff, an alleged pauper of the defendant town, from the first day of March, 1886, to the 23d day of July, 1887; and for certain articles of clothing furnished the pauper. Trial by jury, February Term, 1888, Powers, J., presiding. Yerdict for the plaintiff to recover $19.50. Exceptions by plaintiff. [ It appeared that in 1877 or 1878, the defendant town accepted said Mary Stone as a pauper belonging to said town, and supported her from that time until March 1, 1886, as such, with the exception of about six months, when she…

1Opinion of the Court

The opinion of the court was delivered by

Rowell, J.

It was error to charge that if the overseer notified plaintiff on June 1, 1886, that he should not pay him for keeping the pauper,- that no recovery could be had for keeping her thereafter; for it denied all right of recovery on the ground of the pauper’s transiency, which was an element in the case, and that phase of it should have been submitted to the jury, with proper instructions.

Defendant argues that that question was not involved, because it says that it does not appear that the pauper was disabled by the sudden visitation of disease…

2Cases cited1 opinion

  1. Town of Charleston v. Town of LunenburghSupreme Court of Vermont · 1851

3Cited by1 opinion

  1. Irwin v. HolbrookWashington Supreme Court · 1901

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