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CREASER v. BIXBY

No. 440-79.

420 A.2d 102 (1980)

David P. CREASER, Admr. of the Estate of Ross David Creaser v. Milton BIXBY, Town of Ludlow and Village of Ludlow.

Supreme Court of Vermont.

September 8, 1980.

Attorney(s) appearing for the Case

Peter P. Plante and John C. Candon, of Black & Plante, Inc., White River Junction, for plaintiff.

Kiel, Freeman & Boylan, Springfield, for defendants.

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

LARROW, Justice.

Plaintiff's decedent met his death when a ditch in which he was working collapsed. He was employed at the time by O'Bryan Construction Company, Inc., which was installing a private sewer line to connect with municipal services, under a private contract. During the course of construction a water service leading to another customer was broken, requiring repair. Defendant Milton Bixby, an employee of the Town and Village of Ludlow, notified of the break...

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