CREIGHTON v. TOWN OF WINDSOR

No. 89-237.

577 A.2d 681 (1990)

Jeffrey and Donna CREIGHTON v. TOWN OF WINDSOR.

Supreme Court of Vermont.

Motion for Reargument Denied May 16, 1990.


Attorney(s) appearing for the Case

William J. Donahue, White River Junction, for plaintiffs-appellants.

Jeffrey W. White of Theriault & Joslin, P.C., Montpelier, for defendant-appellee.

Before ALLEN, C.J., and PECK, DOOLEY and MOORSE, JJ.


DOOLEY, Justice.

Plaintiffs, Jeffrey and Donna Creighton, appeal from a summary judgment by the Windsor Superior Court in favor of defendant, the Town of Windsor, in a suit in which plaintiffs sought damages arising from a sewage blockage, asserting that the town breached its duty to maintain the sewer system against back-ups. We reverse and remand.

The Town of Windsor operates a municipal sewage system. Plaintiffs own a home on Central Street, which is connected...

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