Perrin v. Garfield
Supreme Court of Vermont
Trespass for removing a dam and flume. Plea, the general issue, and trial by the court, June Term, 1862, Caledonia County, Poland, Ch. J., presiding.. The following facts appeared from the evidence. There is a small natural pond in the west part of Wheelock, from which runs a small stream emptying into Lamoille River.
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Trespass for removing a dam and flume. Plea, the general issue, and trial by the court, June Term, 1862, Caledonia County, Poland, Ch. J., presiding.. The following facts appeared from the evidence. There is a small natural pond in the west part of Wheelock, from which runs a small stream emptying into Lamoille River. In 1821 one Cooke erected a saw-mill in Goshen Gore on said stream, about a mile below the outlet from said pond, and the next year erected a dam across said stream at the outlet of the pond, which raised the water in the pond about three feet. He also built a,flume and gate at…
1Opinion of the CourtPeck, J.
The defendants are sued for removing a dam and flume at the outlet of a natural pond in Wheelock. The dam and flume was situate on the land of the defendant John Garfield. He and the other defendants were at the time of the trespass complained of owners of land bordering on the pond, and the effect of the dam was to raise the water in the pond about three feet above its natural level and cause it to flow the low lands of the defendants to their injury.
The question is whether the plaintiff or those under whom he claims title had acquired an easement which justified him in keeping up the dam…
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