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VOSBURGH v. KIMBALL

No. 129-72.

313 A.2d 395 (1973)

Florence VOSBURGH v. Daniel KIMBALL, Jr.

Supreme Court of Vermont, Bennington.

December 10, 1973.

Attorney(s) appearing for the Case

Bloomer & Bloomer, Rutland, for plaintiff.

William C. Sennett, Bennington, for defendant.

Before BARNEY, SMITH, KEYSER and DALEY, JJ., and BILLINGS, Superior Judge.

BARNEY, Justice.

This matter has previously been before this Court. See Vosburgh v. Kimball, 130 Vt. 27, 285 A.2d 766 (1971). It is a civil action brought against the defendant, a constable, for killing two dogs belonging to the plaintiff.

The defendant claimed the protection of 20 V.S.A. § 3624, which provides:

A person may, and every police officer and constable shall humanely, kill or cause to be killed such...

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