Norton v. Volentine
Supreme Court of Vermont
This was an action on the case for diverting and turning away the water of a certain stream, or water course, in Bennington, on which the plaintiff had a factory for the manufacturing of stone ware and fire brick, by means of which the plaintiff was deprived of sufficient water to work his factory. Plea, not guilty.
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This was an action on the case for diverting and turning away the water of a certain stream, or water course, in Bennington, on which the plaintiff had a factory for the manufacturing of stone ware and fire brick, by means of which the plaintiff was deprived of sufficient water to work his factory. Plea, not guilty. In the county court, the cause was referred, and the referees, having heard the testimony introduced by the parties, afterwards reported as follows:— ‘ On the trial of this cause before the referees, it appeared £that the plaintiff owned a factory for the manufacturing of £ stone…
1Opinion of the Court
The opinion of the court was delivered by >
Redeield, J.
The only questions of law which can be raised, either in this court, or the county court, in a case like the present, are those which are expx-essly decided by the referees, and which may be supposed to have affected the final determination of the case by them.
There has beén considerable said, at the bar, upon the question, how far the grantee of land, upon which the grantor had placed obstructions in a running stream of water, is liable for the injurious consequences to others, owning land on the same stream. It seems to be admitted, on…
2Cited by13 opinions
- Smith v. YoumansWisconsin Supreme Court · 1897
- Dernier v. Rutland Railway, Light & Power Co.Supreme Court of Vermont · 1920
- City of Valparaiso v. BozarthIndiana Supreme Court · 1899
- Ford v. WhitlockSupreme Court of Vermont · 1855
- Mannville Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1884
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