State v. Malmquist

This is a suit in equity wherein the State of Vermont seeks to enjoin the defendant, the owner of a dam across the outlet of Lake Fairlee in Orange County, from unreasonably and arbitrarily drawing down the waters of the lake by means of the gate and tube in the dam. After hearing the evidence and filing written findings of fact the Chancellor dismissed the bill, and the cause comes before us on the State’s exceptions.

The findings disclose that Lake Fairlee is more than two miles in length, covering approximately 1700 acres, and is a body of public boatable water within the meaning of Sec. 63…