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FULLER v. CITY OF RUTLAND

No. 1011.

171 A.2d 58 (1961)

Rosemary FULLER v. CITY OF RUTLAND.

Supreme Court of Vermont. Rutland.

Reargument Denied April 20, 1961.

Attorney(s) appearing for the Case

O'Neill, Delany & Valente, Rutland, for plaintiff.

Richard F. Sullivan, Rutland, for defendant.

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

SMITH, Justice.

The plaintiff claims personal injuries by reason of driving into a hole, covered by a pool of water, in Field Avenue in the City of Rutland. The plaintiff alleged in her tort action that the hole in the highway, which caused the accident, had resulted from excavations made by the City of Rutland at that spot in sinking a test hole to locate a sewer. Her complaint alleged that filling in the test hole by the municipal corporation had been done in an...

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