Hilder v. St. Peter, 478 A.2d 202 (1984)

Citation: Hilder v. St. Peter, 478 A.2d 202 (1984)
Parent Document: Hilder v. St. Peter, 478 A.2d 202 (1984)
Jurisdiction: Vermont (state)
Effective Date: 1984-02-03
Original Source: https://www.courtlistener.com/opinion/2315224/hilder-v-st-peter/ ↗

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stalled a padlock, again at her own expense. After moving in, plaintiff discovered that the bathroom toilet was clogged with paper and feces and would flush only by dumping pails of water into it. Although plaintiff repeatedly complained about the toilet, and defendant promised to have it repaired, the toilet remained clogged and mechanically inoperable throughout the period of plaintiff’s tenancy. In addition, the bathroom light and wall outlet were inoperable. Again, the defendant agreed to repair the fixtures, but never did. In order to have light in the bathroom, plaintiff attached a fixture to the wall and connected it to an extension cord that was plugged into an adjoining room. Plaintiff also discovered that water leaked from the water pipes of the upstairs apartment down the ceilings and walls of both her kitchen and back bedroom. Again, defendant promised to fix the leakage, but never did. As a result of this leakage, a large section of plaster fell from the back bedroom ceiling onto her bed and her grandson’s crib. Other sections of plaster remained dangling from the ceiling. This condition was brought to the attention of the defendant, but he never corrected it. Fearing that the remaining plaster might fall when the room was occupied, plaintiff moved her and her grandson’s bedroom furniture into the living room and ceased using the back bedroom. During the summer months an odor of raw sewage permeated plaintiff’s apartment. The odor was so strong that the plaintiff was ashamed to have company in her apartment. Responding to plaintiff’s complaints, Rut-land City workers unearthed a broken sewage pipe in the basement of defendants’ building. Raw sewage littered the floor of the basement, but defendant failed to clean it up. Plaintiff also discovered that the electric service for her furnace was attached to her breaker box, although defendant had agreed, at the commencement of plaintiff’s tenancy, to furnish heat.

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