Selectmen of Glover v. McGaffey
Supreme Court of Vermont
Heard on bill, answer, replication and testimony, February Term, 1881, Ross, Chancellor. Decree pro forma for the orators.
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Heard on bill, answer, replication and testimony, February Term, 1881, Ross, Chancellor. Decree pro forma for the orators. The bill was brought by the selectmen of Glover and based on the following order; * “ State of Vermont, ) Whereas the assistant judges of Or-Orleans County, ss. ) leans county court in the state of Vermont did on the 27th day of May, 1876, appoint us, the undersigned, commissioners to examine as to the safety and sufficiency of a certain dam and reservoir situated in Glover, in said county, and commonly called ‘ Stone Pond.’ Said dam was owned by G. W. McGaffey, of said…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The statute of 1869 gave the committee appointed by the county judges power to determine and direct what “ altera*173tions, repairs, or additions,” were required to make the dam sufficient and safé. The committee ordered the defendant to raise his head-gate and cease using it. This practically lowered his dam and prevented his securing the amount of water the pond had theretofore held. The effect was the same as the removal of the upper part of the dam. Was this such an order as section 2 of the act of 1869 contemplates ? such an one as the…
2Cited by1 opinion
- Selectmen of Glover v. McGaffeySupreme Court of Vermont · 1883