State v. Smith
Supreme Court of Vermont
Information filed by the State’s attorney, charging the respondent with having filled up an ancient water-course, &g. Plea, not guilty; trial by jury, December Term, 1881, Taft, J., presiding ; and verdict, guilty.
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Information filed by the State’s attorney, charging the respondent with having filled up an ancient water-course, &g. Plea, not guilty; trial by jury, December Term, 1881, Taft, J., presiding ; and verdict, guilty. It appeared by the evidence on the part of the prosecution that the defendant, Smith, lives in Sharon village, where he has lived for many years ; that there is a public highway leading through Sharon village, running east and west, which was formerly a turnpike, and that this highway runs near the north bank of White river through the village ; that the defendant lives upon the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The defendant was tried upon an information filed in the County Court, charging him with having obstructed and filled up an ancient water-course, by means of which the water that had been accustomed to run in said water-course ran back into and along a public highway in the town of Sharon, and gullied, damaged, and impaired said highway, so that the citizens of this State, upon and through said highway, with their teams and carriages, could not go, return, pass, and repass, as they ought and were wont to do; and concludes against the peace…
2Cases cited4 opinions
- State v. WilkinsonSupreme Court of Vermont · 1829
- State v. WoodwardSupreme Court of Vermont · 1850
- State v. HydeSupreme Court of Connecticut · 1836
- State v. SmithSupreme Court of Connecticut · 1829
3Cited by4 opinions
- Lefebvre's Admr. v. Central Vermont Railway Co.Supreme Court of Vermont · 1924
- State v. WoodburySupreme Court of Vermont · 1894
- MacEachern v. MellettVermont Superior Court · 2025
- Rock of Ages Corp. v. BernierVermont Superior Court · 2015