Legal Opinion

Chatfield v. Wilson

Supreme Court of Vermont

Decided November 15, 1855PublishedCited by 76 opinions

Action on the case for the disturbance of a water course. The declaration contained three counts, the first and second charging the defendant with having lowered and changed the channel of a brook, which divided the farms of the plaintiff and defendant, and diverting the water therein; and the third complained of an interference by the defendant, with the natural flow or passage, Éy percolation, of the water through the defendant’s land, to the plaintiff’s, by means of which…

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Action on the case for the disturbance of a water course. The declaration contained three counts, the first and second charging the defendant with having lowered and changed the channel of a brook, which divided the farms of the plaintiff and defendant, and diverting the water therein; and the third complained of an interference by the defendant, with the natural flow or passage, Éy percolation, of the water through the defendant’s land, to the plaintiff’s, by means of which a reservoir or tub on the plaintiff’s land was supplied with water. Plea, the general issue; trial by jury, March Term,…

1Opinion of the Court

The opinion of the court was delivered, at the circuit session in September, 1856, by

Bennett, J.

This is the first time, within my knowledge, that the question has ever come before our courts, in relation to the rights of adjoining proprietors of lands to water percolating under the surface, through wet and porous ground, and the case may be considered somewhat important in principle, as well as novel, in this state. The court below, on this point, told the jury, in sub- ■ stance, that the defendant had the right to prevent the escape of water from his own land to the plaintiff’s tub, which he…

2Cases cited3 opinions

  1. Mahan v. BrownNew York Supreme Court · 1835
  2. Smith v. AdamsNew York Court of Chancery · 1837
  3. South Royalton Bank v. Suffolk BankSupreme Court of Vermont · 1854

3Cited by76 opinions

  1. Camfield v. United StatesSupreme Court of the United States · 1897
  2. Walker v. CroninMassachusetts Supreme Judicial Court · 1871
  3. Rideout v. KnoxMassachusetts Supreme Judicial Court · 1889
  4. Livingston v. McDonaldSupreme Court of Iowa · 1866
  5. Hoyt v. City of HudsonWisconsin Supreme Court · 1871

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