(DOWNLOAD) "City Rutland v. Town Wallingford" by Supreme Court of Vermont * eBook PDF Kindle ePub Free
eBook details
- Title: City Rutland v. Town Wallingford
- Author : Supreme Court of Vermont
- Release Date : January 05, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The plaintiff city here seeks to recover from the defendant town in an action of contract brought under P. L. secs. 3923 and 3924 for the expense of relief given to one John Lancour and family between August 20, 1935, and March 1, 1936. It was shown that from 1906 or prior thereto until 1926 or 1927 said Lancour and family lived in Wallingford. About March, 1927, they moved to Clarendon, thence to West Rutland and thence to the city of Rutland, where they arrived either in 1927 or 1928 and have ever since resided. During each of the years 1929, 1930, 1931, 1932, 1933, 1934, 1935 and 1936 some help was given to Lancour and his family by the city of Rutland. Under date of September 20, 1935, the required statutory notice was sent by the overseer of the poor of the city of Rutland to the overseer of the poor of the town of Wallingford for the purpose of charging that town with the expense incurred by the city in furnishing relief to the Lancour family after a date thirty days prior to the giving of such notice. Plaintiff's undisputed evidence indicated that the amount so expended by it between August 20, 1935, and March 1, 1936, was $183.38. Trial was by jury in Rutland municipal court and verdict and judgment were for the defendant. The plaintiff comes to this court relying, in part, upon its exception to the action of the trial court in overruling its motion for a directed verdict. Plaintiff contends that it having been shown by undisputed evidence that Lancour resided in Wallingford for more than the three years required to gain a pauper residence (the years from 1906 to 1910, inclusive, being particularly relied upon), without unusual circumstances showing want or destitution, a presumption then arose that he was self-supporting and that the burden of evidence was then upon the defendant to show that at some time during the period Lancour or his family were helped by the town. In support of this contention plaintiff cites two cases construing a Maine statute which is quite similar to our own, viz., Corinna v. Hartland, 70 Me. 355, and Belmont v. Morrill, 73 Me. 231.