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IVES v. CENTRAL VERMONT PUBLIC SERVICE CORP.

No. 117-75.

349 A.2d 878 (1975)

Sharon Bahr IVES v. CENTRAL VERMONT PUBLIC SERVICE CORP. et al.

Supreme Court of Vermont.

December 2, 1975.

Attorney(s) appearing for the Case

Lawrin P. Crispe, A. Luke Crispe, Brattleboro, for plaintiff.

Philip R. Rosi, of Kristensen, Cummings & Price, Brattleboro, for Central Vermont.

John S. Burgess, Brattleboro, for Corwin S. Elwell and Orman A. Holden.

Before BARNEY, C. J., SMITH, DALEY and LARROW, JJ., and SHANGRAW, C. J. (Ret.), specially assigned.

DALEY, Justice.

The issue in this case is whether or not defendant public utility company has an affirmative duty to maintain its right-of-way for transmission lines so as to protect passersby from injury by falling trees within that right-of-way. If there is no such affirmative duty, the Windham Superior Court's granting of defendant's motion to dismiss plaintiff Ives' complaint for failure to state a claim upon which relief can be granted must be affirmed. Plaintiff...

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