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ACHILLES v. NEW ENGLAND TREE EXPERT CO.

No. 211, Docket 30724.

369 F.2d 72 (1966)

Carlton E. ACHILLES and Olive Achilles, Plaintiffs-Appellees, v. NEW ENGLAND TREE EXPERT CO., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 7, 1966.

Attorney(s) appearing for the Case

Clarence V. Akley, St. Johnsbury, Vt. (Witters, Akley & Brown, St. Johnsbury, Vt., on the brief), for plaintiffs-appellees.

Richard H. Thomas, III, Burlington, Vt. (Wick, Dinse & Allen, Burlington, Vt., on the brief), for defendant-appellant.

Before MEDINA, FRIENDLY and SMITH, Circuit Judges.

MEDINA, Circuit Judge:

This is a case of rural justice in Vermont. Farmer Achilles and his wife Olive had expanded their little farm and their herd of dairy cattle until there was a fair prospect of reaching their ambition of a hundred head. Every day the cows were driven to pasture past a water hole where it was customary for them to stop and slake their thirst. It was a pretty spot, at the bottom of a gentle slope; and the water hole was fed by a small stream shaded...

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