Village of Hardwick v. Vermont Telephone & Telegraph Co.
Supreme Court of Vermont
Debt upon V. S. 4230 to recover a forfeiture for not keeping the defendant’s poles painted and not substituting straight poles for crooked ones. Heard upon special demurrer to the declaration at the June Term, 1897, Caledonia County, Rowell, J., presiding.
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Debt upon V. S. 4230 to recover a forfeiture for not keeping the defendant’s poles painted and not substituting straight poles for crooked ones. Heard upon special demurrer to the declaration at the June Term, 1897, Caledonia County, Rowell, J., presiding. The demurrer assigned the following special causes: (1) because it is not alleged that the defendants had any wires strung upon any crooked poles within the plaintiff village; (2) because it is not alleged that the poles were not suitably painted on the date as to which complaint is made; (3) because it is not alleged that the defendant…
1Opinion of the CourtTyler, J.
Y. S. 4229 requires that a person or corporation owning or operating a line of wires in a city or village shall cause the poles upon which the wires are strung to be kept suitably painted to the satisfaction of the aldermen of the city or the trustees of the village, and substitute straight poles for crooked ones. The next section provides that a person or corporation neglecting or refusing to paint such poles or make such substitution, after a prescribed notice has been given, shall forfeit one hundred dollars to such city or village, to be recoverable in an action upon the statute.
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2Cases cited2 opinions
- Bigelow v. JohnsonNew York Supreme Court · 1816
- Ellis v. HullSupreme Court of Vermont · 1826
3Cited by3 opinions
- Fife v. CateSupreme Court of Vermont · 1912
- Smith v. Capital Gas Co.California Supreme Court · 1901
- Turner v. McKeeSupreme Court of North Carolina · 1904