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THEBERGE v. CANADIAN PACIFIC RAILWAY COMPANY

No. 958.

122 A.2d 848 (1956)

Ernestine V. THEBERGE v. CANADIAN PACIFIC RAILWAY COMPANY.

Supreme Court of Vermont. Orleans.

May 1, 1956.

Attorney(s) appearing for the Case

Raymond L. Miles, Newport, for plaintiff.

Pierce & Drown, Newport, for defendant.

Before JEFFORDS, C.J., and CLEARY, ADAMS, CHASE, and HULBURD, JJ.

HULBURD, Justice.

This case is here on exceptions to the overruling by the trial court of the defendant's demurrer to the plaintiff's complaint. As amended, the plaintiff's complaint contains the following allegations which we will quote so far as is necessary to present the question raised by the defendant's demurrer.

"The plaintiff was on, to wit, the 1st day of August, 1944, ever since has been and still is the owner of certain lands and premises and the...

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