Cloyes v. Middlebury Electric Co.
Supreme Court of Vermont
Appeal in Chancery, Addison County. Heard at Chambers, November 22, 19.05, Watson, Chancellor. Decree for the orators. The defendants appealed. The opinion fully states the case. To unreasonably obstruct a water course is a private nuisance, for which an injunction may be asked in equity. Koopman v. Blodgett, 70 Mich. -610, 14 Am. St. Bep. 527; Heilbron v. Fowler So. Co., 75 Cal. 426, 7 Am.
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Appeal in Chancery, Addison County. Heard at Chambers, November 22, 19.05, Watson, Chancellor. Decree for the orators. The defendants appealed. The opinion fully states the case. To unreasonably obstruct a water course is a private nuisance, for which an injunction may be asked in equity. Koopman v. Blodgett, 70 Mich. -610, 14 Am. St. Bep. 527; Heilbron v. Fowler So. Co., 75 Cal. 426, 7 Am. St. Bep. 183; Ulbricht v. Búfala W. Co., 86 Ala. 587; Wheeloch v. Noonan, 108 N. Y. 179, 2 Am. St. Bep. 405. The orators set forth in their bill good ground for relief in a court of equity, for the injury…
1Opinion of the CourtPowers, J.
We learn from this bill that a natural water course known as Otter Creek flows northerly through Rutland and Addison counties and empties into Lake Champlain at Yergennes. The orators, eighty-eight in number, are the owners in severalty of certain farms and lowlands lying along the stream in the town of Middlebury and other towns south of Middlebury and higher up on the stream. There is a natural falls at Middlebury Village, which has for a great many years furnished power for various industries, and which is now owned and utilized by the defendants. In 1804, the parties then owning the…
2Cases cited21 opinions
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- Cadigan v. BrownMassachusetts Supreme Judicial Court · 1876
- Murray v. HayNew York Court of Chancery · 1845
- Turner v. HartMichigan Supreme Court · 1888
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3Cited by23 opinions
- Spear v. H. V. Greene Co.Massachusetts Supreme Judicial Court · 1923
- Skinner v. MitchellSupreme Court of Kansas · 1921
- Jack v. TeegardenNebraska Supreme Court · 1949
- President of Middlebury College v. Central Power Corp.Supreme Court of Vermont · 1928
- City of Corsicana v. KingCourt of Appeals of Texas · 1928
18 more not listed; retrieve them via the Exa API.