Timms v. State

The facts in this case are stipulated. The plaintiffs complain, and the State acknowledges, that the necessary use of salt from time to time to de-ice Route 114 in Island Pond has rendered the plaintiffs’ adjoining well unfit for use. Both sides agree that the application of the salt was not negligent. The damages are stipulated at $2,500.

The State claims justification based on the police power. However, “the police power is not limitless, even though it be but another name for sovereignty itself.” Vermont Woolen Corp. v. Wackerman, 122 Vt. 219, 224, 167 A.2d 538, 537 (1961). The police power…