Harwood v. Benton & Jones
Supreme Court of Vermont
Case for obstructing a stream, and thereby causing water to flow upon the garden and into the cellar of the plaintiff. Plea, not guilty, and trial by jury at the December Term, 1857,— Aldis, J., presiding. Samuel Safford was originally the owner of the defendants’ water privilege, of the lands covered by and surrounding their mill-pond, and of the plaintiff’s land described in his declaration.
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Case for obstructing a stream, and thereby causing water to flow upon the garden and into the cellar of the plaintiff. Plea, not guilty, and trial by jury at the December Term, 1857,— Aldis, J., presiding. Samuel Safford was originally the owner of the defendants’ water privilege, of the lands covered by and surrounding their mill-pond, and of the plaintiff’s land described in his declaration. On the east side of the pond was a narrow strip of low land ; next east of this strip was a road running nearly parallel with the pond, and on the east side of the road was the plaintiff’s land, no part…
1Opinion of the CourtBarrett, J.
This is an action on the case to recover damsges occasioned by the setting back and flow of the water upon the plaintiff’s premises, on account of the wrongful obstruction thereof by the mill dam of the defendants.,
The case discloses that Samuel Safford originally owned a water privilege, on which were a dam, mill pond and mills in operation from time immemorial, and also owned the lands surrounding and bordering upon said pond, of which lands the garden and house lot of the plaintiff were, for a long time, parcel; that a public highway has for a long period existed along upon the eastern…
2Cases cited1 opinion
- Thayer & Williams v. KelleySupreme Court of Vermont · 1855
3Cited by25 opinions
- Stuart v. Lake Washington Realty Corp.West Virginia Supreme Court · 1956
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Chipley v. AtkinsonSupreme Court of Florida · 1887
- Phelps v. . NowlenNew York Court of Appeals · 1878
- Kutz v. McCuneWisconsin Supreme Court · 1868
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