NICHOLSON v. DOYLE

No. 1913.

218 A.2d 689 (1966)

Roy E. and Gladys NICHOLSON v. William and Daisy M. DOYLE.

Supreme Court of Vermont. Washington.

April 5, 1966.


Attorney(s) appearing for the Case

Paterson, Gibson & Noble, Montpelier, for plaintiffs.

Davis, Martin & Free, Barre, for defendants.

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


BARNEY, Justice.

The trial court absolved the defendants from responsibility for damage to plaintiffs' cellar, brought about through three episodes of flooding. The source of the trouble was the overflowing waters of a small brook which ran through the rear of the plaintiffs' property, then crossed the defendants' lot, to exit through a twenty-four inch culvert under Terrace Street, in Montpelier. At times of high rains this culvert would not take care of the run...

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