Thorburn v. State Highway Board

On Reargument

As a result of reargument of this appeal, I am persuaded that the jury’s verdict in this case cannot be reconciled with the evidence, nor with the court’s instructions at the time the cause was submitted. I would reverse the judgment and remand for further hearing to achieve a proper verdict consistent with the requirements of 12 V.S.A. § 1904a and 19 V.S.A. § 221(2).

The right to take water from a source located on the lands of another is a property right in the land to which it appertains. Griswold v. Town School District of Weathersfield, 117 Vt. 224, 225, 88 A.2d 829 (1952) ;…