Kimball v. Ladd
Supreme Court of Vermont
Trespass on the case. Plea, the general issue. Trial by-jury, June term, 1869, Peck, J., presiding. It appeared in evidence that at and before the commencement of this suit the plaintiff owned and was . in possession of a gristmill, saw-mill and lath-mill, situated in Post Mills village in Thotford, and about one mile below the outlet of a certain lake, called Eaii’lee Lake, and upon a stream which flows from said lake ; that said mills were and always had been, since they…
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Trespass on the case. Plea, the general issue. Trial by-jury, June term, 1869, Peck, J., presiding. It appeared in evidence that at and before the commencement of this suit the plaintiff owned and was . in possession of a gristmill, saw-mill and lath-mill, situated in Post Mills village in Thotford, and about one mile below the outlet of a certain lake, called Eaii’lee Lake, and upon a stream which flows from said lake ; that said mills were and always had been, since they were built, upon the same level and supplied with water from the same dam ; that the defendant at and' before the…
1Opinion of the Court
The opinion of the court was .delivered by
Barrett, J.
The first exception in this case is as to the testimony given by Gen. Thomas. It was offered, and was allowed to be used, as bearing upon the question whether Bruce, while an owner of the lower dam, was claiming the right to draw water from the upper dam. What Thomas testified that Bruce told Mm was regarded by the county court as tending to show that Bruce was, in fact, claiming such a right. In this we think there was no error. According to the testimony of Thomas, Bruce was telling him a set of facts, and that, as the result of those…
2Cases cited9 opinions
- Boyd v. BartlettSupreme Court of Vermont · 1863
- Dana v. McClureSupreme Court of Vermont · 1867
- Hill v. SmithSupreme Court of Vermont · 1861
- Bowman v. StowellSupreme Court of Vermont · 1849
- Stephens v. ThompsonSupreme Court of Vermont · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chicago & Northwestern Railway Co. v. HoagIllinois Supreme Court · 1878
- Brown v. WhitcombSupreme Court of Vermont · 1988
- Rollins v. BlackdenSupreme Judicial Court of Maine · 1914
- Chaffee v. Rutland RailroadSupreme Court of Vermont · 1899
- Swerdferger v. HopkinsSupreme Court of Vermont · 1894
4 more not listed; retrieve them via the Exa API.