CAPRON v. ROMEYN

No. 71-79.

409 A.2d 565 (1979)

Charlotte H. CAPRON and Bernard F. Capron v. Dirk ROMEYN.

Supreme Court of Vermont.

November 5, 1979.


Attorney(s) appearing for the Case

Parisi & Burke, Castleton, for plaintiffs.

William H. Quinn of Pierson, Affolter & Wadhams, Burlington, for defendant.

Before BARNEY, C. J., LARROW, BILLINGS and HILL, JJ., and SMITH, J. (Ret.), specially assigned.


LARROW, Justice.

Plaintiffs' actions were dismissed below on motion, as barred by the applicable statute of limitations. The issue was squarely raised by the pleadings, and none of the pertinent facts are in dispute. The statute in question is 12 V.S.A. § 512(4), as amended by 1975, No. 248 (Adj. Sess.), § 2, effective July 1, 1976.

The plaintiffs base their respective actions (the husband's claim is derivative) upon the severely adverse effects...

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