Doty v. Village of Johnson
Supreme Court of Vermont
Appeal in Chancery. Heard on the pleadings and finding of facts made by the Chancellor, at the December Term, 1909,. Lamoille County, Hall, Chancellor. Decree dissolving the temporary injunction and dismissing the bill. The orator appealed. The opinion states the case.
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Appeal in Chancery. Heard on the pleadings and finding of facts made by the Chancellor, at the December Term, 1909,. Lamoille County, Hall, Chancellor. Decree dissolving the temporary injunction and dismissing the bill. The orator appealed. The opinion states the case. As a result of the decree below, the rights of the orator are invaded and he is deprived of his property without due process of law. 2 Farnham on Waters, 1765; Wilhelm v. Burleyson, 106 N. C. 381, 11 S. E. 590; 2 Farnham on Waters, 1767-8; Snow v. Cowles, 22 N. H. 302; Rhodes v. Whitehead, 27 Tex. 304; Beech v. Kudere, 15 Pa.…
1Opinion of the CourtWatson, J.
By No. 271 of the Laws of 1906, the defendant village was empowered to construct and maintain a new electric light plant for the purpose of lighting the streets, walks, and public grounds of the village, and any buildings therein. For this purpose the village was given the right to take or purchase, acquire and hold, any water power, land, rights of flowage, and rights of way in the town of Johnson needed for the construction, maintenance and operation of such plant, on payment of suitable damages or compensation as therein provided. Sec. 1.
On a vote being duly taken for that purpose, it was…
2Cases cited18 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- United States v. LynahSupreme Court of the United States · 1903
- Winn v. Village of RutlandSupreme Court of Vermont · 1880
- In re Barre Water Co.Supreme Court of Vermont · 1889
- People Ex Rel. Burhans v. City of New YorkNew York Court of Appeals · 1910
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3Cited by12 opinions
- Malinoski v. D. S. McGrath, Inc.Massachusetts Supreme Judicial Court · 1933
- Sanborn v. Village of Enosburg FallsSupreme Court of Vermont · 1914
- Fife v. CateSupreme Court of Vermont · 1912
- Murphy v. Sentry InsuranceSupreme Court of Vermont · 2014
- Smith v. Staso Milling Co.Court of Appeals for the Second Circuit · 1927
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