Sanborn v. Village of Enosburg Falls
Supreme Court of Vermont
Case. Plea, the general issue. Trial by jury at the March Term, 1913, Franklin County, Miles, 3., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. In putting in the catch-basin to protect the walk from surface waters the defendant was acting in a governmental capacity and is not liable.
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Case. Plea, the general issue. Trial by jury at the March Term, 1913, Franklin County, Miles, 3., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. In putting in the catch-basin to protect the walk from surface waters the defendant was acting in a governmental capacity and is not liable. Aitken v. Wells River, 70 Vt. 308; Welsh v. Rutland, 56 Vt. 228; Weller v. Burlington, 60 Vt. 28; Stockwell v. Rutland, 75 Vt. 76. After a municipality constructs a water way or drain, it must be kept in repair. 4 McQuillan, Munic. Corp. §1451; Dillon,…
1Opinion of the CourtITaselton, J.
This is an action on the case for the recovery of damages done by surface water to the basement of a barn in the defendant village. The general issue was pleaded, trial by jury was had, a verdict for the plaintiffs was returned, and judgment was rendered thereon. At the close of the evidence the defendant moved for -a verdict in its favor. This motion was overruled pro forma and the defendant excepted.
The plaintiffs complain of damages resulting from the doings and omissions of the village in respect to Church Street and St. Albans Street, two common roads in the village, turn-*481piked on the…
2Cases cited31 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- United States v. LynahSupreme Court of the United States · 1903
- Sweet v. RechelSupreme Court of the United States · 1895
- Forster v. . ScottNew York Court of Appeals · 1893
- Pearsall v. Board of SupervisorsMichigan Supreme Court · 1889
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3Cited by22 opinions
- Nelson Et Ux. v. State Highway BoardSupreme Court of Vermont · 1938
- Lemieux v. City of St. AlbansSupreme Court of Vermont · 1942
- City of Burlington v. Glens Falls Insurance Co.Supreme Court of Vermont · 1975
- Morgan v. Village of StoweSupreme Court of Vermont · 1918
- Capital Candy Company v. City of MontpelierSupreme Court of Vermont · 1968
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