Gilson v. Delaware & Hudson Canal Co.
Supreme Court of Vermont
Case for the diversion of a water-course by the defendant, whereby the plaintiff’s quarry became flooded. Plea, the general issue. Trial by jury at the September term, 1891, Rutland county, Thompson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff brought suit as the receiver of the Dorset Marble Company.
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Case for the diversion of a water-course by the defendant, whereby the plaintiff’s quarry became flooded. Plea, the general issue. Trial by jury at the September term, 1891, Rutland county, Thompson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff brought suit as the receiver of the Dorset Marble Company. His evidence tended to prove that the defendant had, by the construction of its railroad embankment, diverted an ancient water-course from its accustomed channel into his quarry, and had also collected and discharged surface water into said quarry.…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
It is a maxim of the law that the immediate, not the remote, causé of an event is regarded. In the application of this maxim the law rejects, as not constituting ground for an action, damage not flowing proximately from the act complained of. In other words, the law always refers the damage to the proximate, not to the remote, cause.
It is laid down in many cases and by leading text-writers,, that in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the…
2Cases cited2 opinions
- Cahill v. EastmanSupreme Court of Minnesota · 1872
- Stevens v. DudleySupreme Court of Vermont · 1883
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- Gedeon v. East Ohio Gas Co.Ohio Supreme Court · 1934
- Perkins v. Vermont Hydro-Electric Corp.Supreme Court of Vermont · 1934
- Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
- Garrett v. L. & N. R. R.Supreme Court of Alabama · 1916
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