Wilson v. Wilson
Supreme Court of Vermont
This was an action tipon the Casé, the writ containing three1 counts. The first and third counts, only, become material to b& mentioned. The first count charges, that the defendant erected* a flume, shortening a dam eight feet, and making it two feet higher’ than the dam, which operated to raise the water, so that it flowed around to the injury of the plaintiff’s furnace.
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This was an action tipon the Casé, the writ containing three1 counts. The first and third counts, only, become material to b& mentioned. The first count charges, that the defendant erected* a flume, shortening a dam eight feet, and making it two feet higher’ than the dam, which operated to raise the water, so that it flowed around to the injury of the plaintiff’s furnace. The third count was as follows : “ And whereas, also, the said William Wilson, on the first day “ of March, 1823, and long before, and ever since, was, and yet is,. “ possessed of a certain trip-hammer shop and scythe…
1Opinion of the CourtHutchinson, J.
There appears no connection, either in fact or in principle, between the subject matter of the first and thirdfcounts of the plaintiff’s declaration. The question raised, in connection with the subject of the first count, is presented by the exception ¡taken to¡ the charge of the Court.
It appears, from the case and writings therein referred to, that the plaintiff, in 1802, derived, from Aaron Haskins and-others, all the title he and the defendant both now have, at the place of the dam and flume in question; that he had a right to erect a dam, so as to raise the water ten feet above its…
2Cited by1 opinion
- Robinson v. HutchinsonSupreme Court of Vermont · 1853