Barber v. Town of Dummerston
Supreme Court of Vermont
Action oe debt under Y. S. 4841. Heard on demurrer to-the declaration, Windham County, March Term, 1900, Start, J., presiding. Demurrer overruled and declaration adjudged sufficient. The defendant excepted and the cause was passed to the Supreme Court before final judgment.
1Opinion of the CourtThompson, J.
The plaintiff seeks to recover of the defendant, damages occasioned by the worrying, maiming and killing of plaintiff’s sheep by dogs, June 22, 1893. This action is brought under Y. S. sec. 4841, which provides that upon failure of the selectmen of a town to perform the duties prescribed in Y. S. *331secs. 1836 and 1839, the party suffering the loss may recover the same with costs of such town in an action of debt founded upon sec. 1811., This section was enacted in 1891. The plaintiff’s sheep were in jured and killed prior to its enactment. The only question raised in argument, is whether sec.…
2Cases cited5 opinions
- Hine v. PomeroySupreme Court of Vermont · 1867
- Briggs v. HubbardSupreme Court of Vermont · 1846
- Richardson v. CookSupreme Court of Vermont · 1865
- Lowry v. KeyesSupreme Court of Vermont · 1842
- State v. WelchSupreme Court of Vermont · 1891