Farnsworth v. Goodhue
Supreme Court of Vermont
TRESPASS qua. clau.' Pleas, the general issue, and justification as contractor under the St. Albans Aqueduct Company, a corporation chartered by the legislature for the purpose of supplying the villagé of St. Albans with water. Replication, de injuria. Trial by the court, April Term, 1875, Royce, J., presiding.
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TRESPASS qua. clau.' Pleas, the general issue, and justification as contractor under the St. Albans Aqueduct Company, a corporation chartered by the legislature for the purpose of supplying the villagé of St. Albans with water. Replication, de injuria. Trial by the court, April Term, 1875, Royce, J., presiding. It appeared that the defendant was contractor for building an aqueduct to supply the village of St. Albans with water, and that he was acting under a contract with the St. Albans Aqueduct Company at the time of the commission of the alleged trespass, and that the damages claimed in…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
There is no occasion to examine into or determine in this case any question concerning the constitutionality of the various provisions of the act incorporating this aqueduct company, for by the terms of the act it was to apply only to entering upon and using lands through which it might “ be necessary for said aqueduct to pass,” and it is neither expressly nor impliedly found that it was necessary for the aquduct to pass through this *211land. No doubt there might have been land that the aqueduct would net itself actually touch, and still have…
2Cited by4 opinions
- In re Barre Water Co.Supreme Court of Vermont · 1889
- Coral Gables, Inc. v. ChristopherSupreme Court of Vermont · 1937
- George v. Consolidated Lighting Co.Supreme Court of Vermont · 1914
- Lorenz Et Ux. v. CampbellSupreme Court of Vermont · 1939