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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Riley v. Dempsey (2005)

Citation
Riley v. Dempsey (2005)
Parent Document
Riley v. Dempsey (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-01-05

Full Text

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The question of whether the damages in this case exceeded “normal wear and tear” was
largely a factual determination to be made by the Small Claims Court. It was the province and
duty of the Small Claims Judge, as the trier of fact, to weigh the evidence and then apply the
appropriate legal standard. Mr. Riley has not shown that the Small Claims Court’s findings of
fact were clearly erroneous, or that the court applied an erroneous standard. There is no basis for
overturning the decision on appeal.