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MARSHALL v. TOWN OF BRATTLEBORO

No. 1145.

160 A.2d 762 (1960)

Thomas Harry MARSHALL b.n.f. Harry G. Marshall v. TOWN OF BRATTLEBORO, William Sorton and Thomas Leamey.

Supreme Court of Vermont. Windham.

Reargument Denied May 16, 1960.

Attorney(s) appearing for the Case

Gibson & Dier, A. Luke Crispe, Brattleboro, for plaintiff.

John S. Burgess, Ralph Chapman, Brattleboro, for defendant.

Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.

BARNEY, Justice.

The well-pleaded facts admitted by the Town of Brattleboro for the purpose of testing its demurrer and available for weighing the pleas in bar of William Sorton and Thomas Leamey are as follows:

On December 22, 1956, Thomas Harry Marshall went to the Living Memorial Park in Brattleboro to ski. The park is operated by the Town of Brattleboro through its recreation department. On that day that department was operating a rope ski tow at the ski...

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