Baxter v. Village of Rutland
Supreme Court of Vermont
Petition for the appointment of commissioners to asse.ss the damages of the petitioner occasioned by the taking by the petitionee of the waters of East Creek. Heard upon the report of commissioners at the September term, 1894, Rutland county, Start, J., presiding. Judgment for the petitioner for the amount named in the petition. The petitionee excepts.
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Petition for the appointment of commissioners to asse.ss the damages of the petitioner occasioned by the taking by the petitionee of the waters of East Creek. Heard upon the report of commissioners at the September term, 1894, Rutland county, Start, J., presiding. Judgment for the petitioner for the amount named in the petition. The petitionee excepts. The petitioner is entitled to recover damages in view of any use to which his water rights could be legitimately put, whether they have been actually used for that purpose or not. Leonard v. Rutland, 66 Vt. 105 ; Lewis, Eminent Domain, sec. 61…
1Opinion of the CourtThompson, J.
The defendant, the Village of Rutland, condemned and took certain water flowing through the petitioner’s land, to supply it with water. This proceeding is to recover such damages as accrued to him as a riparian owner, by reason of such taking. There are two available water privileges on his land which were affected and rendered less valuable by the taking of the water by the defendant. They have never been utilized, but this fact does not preclude the petitioner from recovering the damages thereto, resulting from such taking. They then were available for use, if the owner had seen fit to use…
2Cases cited2 opinions
- Hooker v. Montpelier & White River RailroadSupreme Court of Vermont · 1889
- Leonard v. Village of RutlandSupreme Court of Vermont · 1894
3Cited by1 opinion
- Bridgeman v. Village of HardwickSupreme Court of Vermont · 1895