PLOOF V. PUTNAM 81 Vt. 471, 71 A. 188 (1908) CASE BRIEF

PLOOF V. PUTNAM

81 Vt. 471, 71 A. 188 (1908)

NATURE OF THE CASE: Putnam (D) appealed from a denial of his general demurrer to each count of Ploof's (P) action in trespass and case alleging that D, by his agent and servants, willfully and negligently cast off P's sloop from D's dock.

FACTS: Putnam (D) owned an island and dock. Ploof (P) and his family were sailing when a tempest arose and forced him to moor at D's dock. D's servant set the boat free and the boat wrecked against the land. P and his family were injured and the boat was destroyed. P sued in trespass, charging that D by his servant with force and arms willfully and designedly unmoored the sloop. The second cause alleged that it was the duty of D by his servant to permit P to moor his sloop to the dock, and to permit it to remain so moored during the continuance of the tempest, but that D by his servant, in disregard of this duty, negligently, carelessly and wrongfully unmoored the sloop. D demurred to both counts. D claimed that P could have moored his boat somewhere else. The trial court ruled for P. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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