Stoneking v. Orleans Village
In Stoneking v. Orleans Village, 127 Vt. 161, 243 A.2d 763 (1968), the Court stated:
"Where a municipality assumes the management of its sewer system, it is bound to use reasonable diligence and care to see that such sewer is not clogged with refuse and is liable for negligence in the performance of such duty to a property owner injured thereby." Id. at 166-67, 243 A.2d at 766.
Furthermore, the Court stated:
"Liability arises . . . where it is shown that a municipality had actual or constructive notice of the existence of an obstruction in one of its sewers and fails to act." Id. at 167, 243 A.2d at 766.