Adams v. Warner
Supreme Court of Vermont
Trespass on the Case for diverting water from the plaintiffs’ woolen factory on Black River, in Ludlow, from April 14, 1845, to March 6, 1847. Plea, the general issue, and trial by jury, May Term, 1849, — Kellogg, J., presiding.
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Trespass on the Case for diverting water from the plaintiffs’ woolen factory on Black River, in Ludlow, from April 14, 1845, to March 6, 1847. Plea, the general issue, and trial by jury, May Term, 1849, — Kellogg, J., presiding. On trial the plaintiffs gave in evidence a lease from Ezekiel Wright to Edmund Durrin, dated October 11,1806, by which there was conveyed to the lessee and his assigns forever, subject to a rent reserved, the right to build and occupy a fulling mill and other necessaries for the use of dressing cloth, — the mill to be erected between where the grantor’s grist mill…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
In regard to the question, whether a grant of water privilege is ordinarily to be restricted to the particular use named in the grant, or the us'e is to be regarded as a measure of quantity, the rule laid down by Hall, J., in Rogers v. Bancroft, 20 Vt. 257, is no doubt sustained by the best considered cases in this country. And upon a subject of this character, from our altered situation, the American cases are, as a general thing, more applicable and more reliable, as authority, than the English cases. In the case named the learned judge…
2Cases cited3 opinions
- Strong v. BenedictSupreme Court of Connecticut · 1824
- Biglow v. BattleMassachusetts Supreme Judicial Court · 1818
- Rogers v. BancroftSupreme Court of Vermont · 1848
3Cited by18 opinions
- Patterson v. Chambers Power Co.Oregon Supreme Court · 1916
- Henke v. GunzenhauserIllinois Supreme Court · 1902
- Vermont Shade Roller Co. v. Burlington Traction Co.Supreme Court of Vermont · 1930
- Waldorf v. Elkhart & Western RailroadIndiana Court of Appeals · 1895
- Beck & Pauli Lithographing Co. v. Evansville Brewing Co.Indiana Court of Appeals · 1900
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