Dernier v. Rutland Railway, Light & Power Co.
Supreme Court of Vermont
Action of Tort to recover damages caused by tbe flooding of land. Pleas, general issue, statute of limitations, and estoppel. Trial by jury at tbe March Term, 1919, Rutland County, Butler, J., presiding. Yerdict and judgment for tbe defendant. Tbe plaintiff excepted. The opinion states the case. It is error for tbe court to charge on a question not involved by tbe pleadings and evidence.
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Action of Tort to recover damages caused by tbe flooding of land. Pleas, general issue, statute of limitations, and estoppel. Trial by jury at tbe March Term, 1919, Rutland County, Butler, J., presiding. Yerdict and judgment for tbe defendant. Tbe plaintiff excepted. The opinion states the case. It is error for tbe court to charge on a question not involved by tbe pleadings and evidence. Whetherby v. Foster, 5 Vt. 136; Barron v. Fay, 38 Yt. 705; French v. Ware, 65 Yt. 338; Smith v. G. V. B. B., 80 Yt. 208, 219. A right acquired by prescription is limited to tbe extent of tbe use and enjoyment…
1Opinion of the CourtMiles, J.
This is an action to recover damages alleged to have been caused by the defendant obstructing the flow of water in Castleton River and thereby setting the water back upon the land of the plaintiff. The alleged obstruction was made upon the defendant’s land in the year 1902.
[1] The first exception insisted upon is the one taken to the charge of the court in submitting to the jury the question of easement. The plaintiff claimed that the defence of easement was not-raised by the pleadings and was unsupported by the evidence, while the defendant claimed that an-easement could be shown under the…
2Cases cited14 opinions
- Bremer v. Manhattan Railway Co.New York Court of Appeals · 1908
- Wells v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Lawrie v. SilsbySupreme Court of Vermont · 1904
- Nichols v. LaneSupreme Court of Vermont · 1919
- Norton v. VolentineSupreme Court of Vermont · 1842
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- McAllister v. BenjaminSupreme Court of Vermont · 1923
- Fortier v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
- Howard National Bank v. WilsonSupreme Court of Vermont · 1923
- Jacobs v. Loyal Protective InsuranceSupreme Court of Vermont · 1924
- Southern Union Gas Co. v. CantrellNew Mexico Supreme Court · 1952
15 more not listed; retrieve them via the Exa API.