Rogers v. Bancroft
Supreme Court of Vermont
Trespass on the Case for diverting the water from the plaintiffs’ mill. Plea, the general issue, and trial by jury, September Term, 1845, — Williams, Ch. J., presiding.
Read the full summary
Trespass on the Case for diverting the water from the plaintiffs’ mill. Plea, the general issue, and trial by jury, September Term, 1845, — Williams, Ch. J., presiding. On trial it appeared, that previous to 1813 there was a dam across a stream of water in Danby, in the north end of which there was a flume, from which water was taken to carry a saw mill, standing on the north side of the stream, and that in the south end of the dam there was a tube, through which water was cond ucted to carry a bark mill, situated on the south side of the stream; and that the bottom of the flume at the north…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
Several objections are made to the ruling of the court in this case.
It is urged on the part of the defendants, that the reservation in the deed from Williams to Young and Nichols of “the privilege of one half of the bark mill,” he being at the time of the execution of the deed the owner of the land covered by the stream and on both sides of it, included, as incident to the bark mill, a water power sufficient for its proper use as such, and that, under that reservation, the defendants might lawfully do the act complained of. If it be conceded,…
2Cases cited2 opinions
- Reed v. FieldSupreme Court of Vermont · 1843
- Strong v. BarnesSupreme Court of Vermont · 1839
3Cited by2 opinions
- Adams v. WarnerSupreme Court of Vermont · 1851
- Rood v. JohnsonSupreme Court of Vermont · 1853