Olmstead v. Abbott
Supreme Court of Vermont
This was a bill in chancery brought by the orator to compel the defendant to carry out the terms of a parol license to flow the lands of the defendant. The defendant made answei’, and also filed a cross bill, praying among other things, that the orator might be perpetually enjoined from maintaining the dam which he had erected at such a height as to flow the lands of the defendant.
Read the full summary
This was a bill in chancery brought by the orator to compel the defendant to carry out the terms of a parol license to flow the lands of the defendant. The defendant made answei’, and also filed a cross bill, praying among other things, that the orator might be perpetually enjoined from maintaining the dam which he had erected at such a height as to flow the lands of the defendant. The case was referred to a master and was heard upon the pleadings and the report of the master at the-December Term, 1886. Walker, Chancellor, decreed that upon the payment of $105 by the orator to the defendant…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The orator alleges that in February, 1879, the defendant agreed that if he, the orator, would buy the Smith mill site, erect a shop and build a dam thereon, he would give the orator the right to flow his* the defendant’s, land situate on Hall’s brook above the site, if it was necessary to do so in order to give sufficient head and power to propel the orator’s machinery ; that relying upen said agreement he did buy the site and erect a mill in the summer of 1879 ; that afterwards, in Au-' gust of that year, as he was about to build the dam, the…
2Cases cited10 opinions
- Kopper v. DyerSupreme Court of Vermont · 1887
- Hall v. ChaffeeSupreme Court of Vermont · 1841
- Thomas v. WarnerSupreme Court of Vermont · 1843
- Adams v. PatrickSupreme Court of Vermont · 1858
- Still v. BuzzellSupreme Court of Vermont · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- White River Chair Co. v. Connecticut River Power Co.Supreme Court of Vermont · 1932
- Hitchcock v. KennisonSupreme Court of Vermont · 1921
- Flint Et Ux. v. Davis Et Ux.Supreme Court of Vermont · 1939
- Lariviere v. LarocqueSupreme Court of Vermont · 1932
- People's Trust Co. of St. Albans v. FinnSupreme Court of Vermont · 1934
4 more not listed; retrieve them via the Exa API.