City of Newport v. Town of Glover

300 A.2d 632, 131 Vt. 61, 1973 Vt. LEXIS 267
Supreme Court of Vermont·Decided February 6, 1973·No. No. 80-70·Published·Cited by 2 cases

Opinion

Shangraw, C.J.

This cause arises out of a claim for reimbursement for expenses paid for the relief of a hospitalized indigent transient under the “Municipal Poor Relief” laws, 33 V.S.A. Chapter 15, Subchapter 4. To provide a background for the factual situation presented to this Court, a review of the “Municipal Poor Relief” laws is in order.

If an indigent transient became ill or injured and had to be confined to a hospital, the expense of providing relief for that transient fell first upon the hospital wherein the transient was confined. 33 V.S.A. § 821. However, the hospital could give notice to the overseer of the poor of either the town wherein the hospital was located or the overseer of the town from which the transient came to enter such hospital, then such overseer of the poor receiving notice was required to provide for the relief of the transient. 33 V.S.A. § 821. The town, upon which fell the burden of the expense of providing relief for the transient after receiving notice from the hospital, could seek reimbursement from the

[63] town in which the transient had a settlement at the time of his first receiving such relief. 33 V.S.A. § 824. A settlement is defined in 33 V.S.A. § 701 as a town where the transient receiving relief:.

“. . . last resided for three years supporting himself . . . which settlement shall continue until he shall have gained a like settlement in some other town in this state, or shall have been removed from the town of his settlement and remained therefrom for an uninterrupted period of three years, during which period he has not been relieved by such town.”

However, the town seeking such reimbursement was required to give notice to the overseer of the poor of the town of the transient’s settlement within thirty days from the receipt of notice from the hospital in order to obtain that reimbursement. 33 V.S.A. § 827. If the town of the transient’s settlement did not provide for the relief of the transient within sixty days from the receipt of the notice from the town which received notice from the hospital, the latter town furnishing relief could recover against the former town of the transient’s settlement in an action on the statute, 33 V.S.A. § 827.

The facts in this cause as alleged in the plaintiff’s complaint are as follows: On February 22, 1962, Shirley Langmaid, an indigent transient, was a patient at the Orleans County Memorial Hospital located in the plaintiff City of Newport. At that time she was sick and suffering from injuries. On the same date, she was transferred to the Mary Fletcher Hospital in Burlington, Vermont. On February 23, 1962, the Mary Fletcher Hospital sent notice to the plaintiff pursuant to 33 V.S.A. § 821, which caused the plaintiff to become obligated to provide for the relief of Miss Langmaid while she remained in the Mary Fletcher Hospital. 33 V.S.A. § 821.

On or about March 2, 1962, the plaintiff gave notice to each of the overseers of the poor of the defendant towns for reimbursement. 33 V.S.A. §§ 824, 827. To support the claim for reimbursement the plaintiff alleged that Miss Langmaid had a settlement in each of the defendant towns along with her father. 33 V.S.A. § 824.

[64] On or about March 5, 1962, the plaintiff also sent notice to the State of Vermont for reimbursement pursuant to 88 V.S.A. § 826 which provided for 100% reimbursement by the State to the town which had defrayed the expenses of the transient relief if the transient or his estate was not of sufficient ability to defray such expense.

Neither the defendant towns nor the State reimbursed the plaintiff, nor did they provide for the relief of Miss Langmaid while in the Mary Fletcher Hospital. On or about April 28, 1968, the plaintiff paid the Mary Fletcher Hospital for the expenses incurred for the relief of Miss Langmaid while she was a patient there.

On January 18, 1969, the plaintiff instituted a civil action in the Orleans County Court against the defendant towns and the State of Vermont for reimbursement under 33 V.S.A. Chapter 15, Subchapter 4. Both defendant towns filed written answers to the plaintiff’s complaint and filed motions to dismiss. By order dated May 27, 1970, the Orleans County Court denied the defendants’ motions to dismiss. Thereupon, the defendant Town of Danville and defendant Town of Glover made written and oral motions respectively that the cause be passed to this Court, pursuant to 12 V.S.A. § 2386, prior to final judgment for the determination of the following questions:

(1) Did the County Court have jurisdiction to hear and entertain the complaint of the plaintiff against the above-named three defendants in the alternative and upon alternative counts?
(2) Did the County Court, to wit, January 13, 1969, have the power and jurisdiction to hear the plaintiff’s complaint pursuant to Title 33, Vermont Statutes Annotated, Sections 821, 824, 825, 827, 701, 782, and Title 12, Vermont Statutes Annotated, Section 1071, then repealed and of no force and effect on January 13, 1969, the date of the plaintiff’s complaint?
(3) Is the Statute of Limitations specifically pleaded by the defendant Town of Danville and by the Town of Glover, a sufficient defense for that the complaint of the plaintiff shows on its face that the supposed cause of [65] action in the complaint mentioned accrued to the plaintiff more than six years before the commencement of this action, to wit, on March 9, 1962, and present pending suit was not commenced until January 13, 1969?
(4) Did the County Court err in denying and overruling the motion of the Town-of Danville to dismiss contained in the answer of said town?
(5) Did the County Court err in denying and overruling the motion of the Town of Glover to dismiss contained in the answer of said town?

Question One

At the time this action was commenced, 12 V.S.A. § 1071a was in effect, which read in part:

“All persons may be joined in one action as defendants against whom there is asserted jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and as to whom any question of law or fact common to all of them will arise in the action.”

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City of Newport v. Town of Glover, 300 A.2d 632, 131 Vt. 61, 1973 Vt. LEXIS 267 (Vt. 1973).

300 A.2d 632 (City of Newport v. Town of Glover) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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