Legal Opinion

Mason v. Horton

Supreme Court of Vermont

Decided October 15, 1894PublishedCited by 11 opinions

Action on the case for the diversion of a watercourse. Plea, the general issue. Trial by jury at the September term, 1893, Rutland county, Tyler, J., presiding. The court directed a verdict for the plaintiff, submitting to the jury only the question of damages. The defendant excepts.

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Action on the case for the diversion of a watercourse. Plea, the general issue. Trial by jury at the September term, 1893, Rutland county, Tyler, J., presiding. The court directed a verdict for the plaintiff, submitting to the jury only the question of damages. The defendant excepts. The division of real estate among heirs is presumed to have been made in view of the open use of the property, and any easement or servitude which that use entailed would follow.the different parcels. Harwood v. Benton, 32 Vt. 724 ; Goodall v. Godfrey, 53 Vt. 219. Since by its use at the time of the division the…

1Opinion of the CourtStart, J.

The plaintiff and defendant own water privileges on opposite sides of a small stream in the town of Clarendon. These privileges were formerly owned and used by William Brown, from whom both parties derive their title. When both privileges were owned and used by William Brown the water was diverted by a dam, and used to supply mills on the defendant’s side of the stream; and the water that was not thus diverted flowed in the channel until it reached land now owned by the plaintiff, and was there diverted by another dam, and used to supply mills on the plaintiff’s side of the stream. William…

2Cases cited2 opinions

  1. Harwood v. Benton & JonesSupreme Court of Vermont · 1860
  2. Goodall v. GodfreySupreme Court of Vermont · 1880

3Cited by11 opinions

  1. Tietjen v. MeldrimSupreme Court of Georgia · 1930
  2. Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
  3. Muscogee Manufacturing Co. v. Eagle & Phenix MillsSupreme Court of Georgia · 1906
  4. American Brass Co. v. SerraSupreme Court of Connecticut · 1926
  5. Schroeder v. TaylorSupreme Court of Connecticut · 1926

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