Legal Opinion

Latulippe v. City of Burlington

Supreme Court of Vermont

Decided October 7, 1919PublishedCited by 7 opinions

Action ok Tort for negligence. Plea, the general issue. Trial by Court at the September Term, 1911, Chittenden County, Stanton, J., presiding. Judgment for the defendant. The plaintiff exóepted. The opinion states the case.

1Opinion of the CourtMiles, J.

This is an action of tort to recover damages for an injury to the plaintiff while walking upon the sidewalk of one of the public streets in defendant city, and resulted, as the trial court has found, from a fall caused by a defect in the sidewalk, conceded to be within the limits of a street which the defendant was bound by law to maintain and keep in repair. The ease was tried by court, facts were found and judgment rendered thereon for the defendant, to which the plaintiff excepted.

To entitle the plaintiff to recover for a neglect in the care of the sidewalk, the fact must appear that the…

2Cases cited4 opinions

  1. Sanborn v. Village of Enosburg FallsSupreme Court of Vermont · 1914
  2. Morgan v. Village of StoweSupreme Court of Vermont · 1918
  3. Ford v. Town of BraintreeSupreme Court of Vermont · 1891
  4. Buchanan v. Town of BarreSupreme Court of Vermont · 1894

3Cited by7 opinions

  1. Lemieux v. City of St. AlbansSupreme Court of Vermont · 1942
  2. Town of South Burlington v. American Fidelity Co.Supreme Court of Vermont · 1965
  3. Clain v. City of BurlingtonCourt of Appeals for the Second Circuit · 1953
  4. Lewis v. VermontDistrict Court, D. Vermont · 1968
  5. Clain v. City of BurlingtonCourt of Appeals for the Second Circuit · 1953

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