TOWN OF MANCHESTER v. CHERBONNEAU

No. 50-72.

300 A.2d 548 (1973)

TOWN OF MANCHESTER v. Henry B. CHERBONNEAU and Irene Cherbonneau.

Supreme Court of Vermont, Bennington.

February 8, 1973.


Attorney(s) appearing for the Case

Carmody, Whalen & O'Dea, Manchester, for plaintiff.

William C. Sennett, Bennington, for defendants.

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


SHANGRAW, Chief Justice.

This action was commenced when the plaintiff, Town of Manchester, sought an injunction in the Bennington County Court to enjoin the defendants from plugging a culvert which drained water on their property. The defendants answered and interposed a counter-claim alleging, in substance, that the waters passing through the culvert, which were polluted and contaminated, spread over areas of their property...

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