BUTTERFLY v. MARCELL

No. 23-76.

365 A.2d 252 (1976)

Floyd BUTTERFLY v. Phil H. MARCELL.

Supreme Court of Vermont.

October 5, 1976.


Attorney(s) appearing for the Case

Glenn S. Morgan of Ryan, Smith & Carbine, Ltd., Rutland, for plaintiff.

Christopher A. Webber, Jr., of Webber & Costello, Rutland, for defendant.

Before BARNEY, C. J., and SMITH, DALEY, LARROW and BILLINGS, JJ.


PER CURIAM.

In a proceeding brought in the small claims court, the plaintiff sought to recover for the loss of a pony which had been bailed to the defendant under an oral contract of agistment. The trial court found the contract of agistment as a fact. It further found that on a fall evening in 1974 the plaintiff's pony was out of the pasture, which was completely enclosed by a fence. While out of the pasture the pony was stuck by an automobile and killed. On these...

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