State v. Town of Burlington
Supreme Court of Vermont
Indictment for nuisance. Trial by jury, April Term, 1863, Pierpoint, J., presiding. The substance of the indictment is given in the opinion of the conrt. The court pro forma instructed the jury that if the testimony was believed by them they should return a verdict of guilty. The jury accordingly found the respondent guilty. The court also overruled a motion by the respondent in arrest of judgment for the insufficiency of the indictment.
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Indictment for nuisance. Trial by jury, April Term, 1863, Pierpoint, J., presiding. The substance of the indictment is given in the opinion of the conrt. The court pro forma instructed the jury that if the testimony was believed by them they should return a verdict of guilty. The jury accordingly found the respondent guilty. The court also overruled a motion by the respondent in arrest of judgment for the insufficiency of the indictment. Exceptions by the rer spondent. cited Hooper v. Emery, 2 Shepley 375 ; Adams v. Wiscasset Bank, 1 Greenl. 361; Peck v. Ellsworth, 36 Maine 393 ; Reed v.…
1Opinion of the Court
Poland, Ch. J.
The indictment alleges that the defendant unlawfully and knowingly did keep and permit to be and remain in, upon and near to a certain street in said town of Burlington aforesaid, commonly called King street, a certain amount of putrid, filthy, noxious and stagnant water, by and from which divers hurtful, pernicious and unwholesome smells on the day and during the time aforesaid did and doth rise, and the air then was, and yet is thereby greatly corrupted and infected to the great damage and common nuisance not only of all the citizens of said town of Burlington aforesaid, there…
2Cases cited2 opinions
- Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
- Chidsey v. Town of CantonSupreme Court of Connecticut · 1846
3Cited by8 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Sanborn v. Village of Enosburg FallsSupreme Court of Vermont · 1914
- Daniels v. HathawaySupreme Court of Vermont · 1892
- Lynch v. Town of RutlandSupreme Court of Vermont · 1894
- City of Georgetown v. CommonwealthCourt of Appeals of Kentucky · 1903
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