Stewart v. Darrow

Billings, J.,

dissenting. I must dissent. As I have stated in two prior cases, Capron v. Romeyn, 137 Vt. 553, 556, 409 A.2d 565, 567 (1979); South Burlington School District v. Goodrich, 135 Vt. 601, 608, 382 A.2d 220, 224 (1977), the archaic holding in Murray v. Allen, 103 Vt. 373, 154 A. 678 (1931), should have been overruled long before the legislature recently amended the statute to conform to the modern and more enlightened view. If the discovery rule was applied the statute of limitations would permit this action. I would reverse the trial court judgment and remand for trial.