Legal Opinion

Town of Brattleboro v. Town of Stratton

Supreme Court of Vermont

Decided February 15, 1852Published

This was an Action on the Statute, brought by the town of Brattleboro to recover for expenses incurred by the selectmen of said town, in providing physicians, nursing, and necessaries, for one Lyman Ballard,-who was at the time infected with the smallpox.

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This was an Action on the Statute, brought by the town of Brattleboro to recover for expenses incurred by the selectmen of said town, in providing physicians, nursing, and necessaries, for one Lyman Ballard,-who was at the time infected with the smallpox. It was admitted, that the said Lyman Ballard was a minor, under the age of twenty-one years, that his settlement was in the town of Stratton, and that his father, resident in said Stratton, was of sufficient ability to support the said Lyman, and pay said expenses, so incurred, and that said Lyman was not of sufficient ability. The testimony…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The plaintiffs have brought their action on the statute against the town of Stratton to recover expenses to which they have been subject for one Lyman Ballard, who at the time was a resident of Brattleboro, and infected with the small pox, but whose legal settlement was in Stratton.

We learn from the case, that Lyman Ballard was a minor, and in his own right, was not of sufficient ability to pay these expenses, but that his father was sufficiently able to pay them. And it is insisted that in consequence of his ability, and liability to pay for…

2Cases cited2 opinions

  1. Town of Woodstock v. Town of HartlandSupreme Court of Vermont · 1849
  2. Town of Bloomfield v. FrenchSupreme Court of Vermont · 1843

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