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CHEVALIER v. TYLER

No. 539.

132 A.2d 433 (1957)

Ell CHEVALIER and Florence Chevalier v. Edward J. TYLER and Francis J. Tyler.

Supreme Court of Vermont. Franklin.

May 7, 1957.

Attorney(s) appearing for the Case

William B. Goldsbury, St. Albans, for plaintiff.

John G. Kissane, St. Albans, A. Pearley Feen, Paul D. Sheehey, Burlington, for defendant.

Before JEFFORDS, C. J., CLEARY, ADAMS and HULBURD, JJ., and SHANGRAW, Superior Judge.

HULBURD, Justice.

When this case was here originally, it was determined that the defendants had an implied easement to discharge sewage from their hotel property onto the plaintiffs' "25 acre piece". The defendants' right in this regard, however, was held to be limited to the situation as it existed on and prior to October 25, 1943, the date of the conveyance to the plaintiffs. It was pointed out that the owner of an easement

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