Hazen v. Perkins
Supreme Court of Vermont
Appeal in Chancery, Orange County. Heard on special master’s report, and plaintiffs’ exceptions thereto, in chambers on March 8, 1917, Fish, Chancellor. Decree that the bill be dismissed with costs to the defendant. The plaintiffs appealed. The court will take judicial notice of the fact that Lake Morey is one the largest bodies of water in the State. Cash v. Auditor, etc.,- 7 Ind. 227; State v. Wabash Paper Co., 21 Ind.
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Appeal in Chancery, Orange County. Heard on special master’s report, and plaintiffs’ exceptions thereto, in chambers on March 8, 1917, Fish, Chancellor. Decree that the bill be dismissed with costs to the defendant. The plaintiffs appealed. The court will take judicial notice of the fact that Lake Morey is one the largest bodies of water in the State. Cash v. Auditor, etc.,- 7 Ind. 227; State v. Wabash Paper Co., 21 Ind. App. 167; Sudbury Meadows v. Middlesex Canal, 23 Pick. 36, 45; Talbot v. Hudson, 16 Gray, 417, 424. Capacity is the test in determining if waters are navigable. The Montello,…
1Opinion of the CourtWatson, C. J.
The plaintiffs, severally owners of land abutting on Lake Morey, a natural body of water in the town of Fairlee, on which are built cottages for summer occupancy, seek an injunction against defendant, requiring him to remove the gate and all structures erected by him at the outlet of said lake for the purpose of affecting the level thereof, and perpetually enjoining him from erecting or maintaining at said outlet any artificial structure for the purpose of raising or lowering the *417water of the lake, and to recover damages suffered in the premises.
The outlet of the lake is a small stream which…
2Cases cited24 opinions
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Illinois Steel Co. v. BilotWisconsin Supreme Court · 1901
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
- The MontelloSupreme Court of the United States · 1871
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3Cited by31 opinions
- Parker v. Town of MiltonSupreme Court of Vermont · 1998
- State of California v. Superior Court (Lyon)California Supreme Court · 1981
- MacDonough-Webster Lodge No. 26 v. WellsSupreme Court of Vermont · 2003
- Midgett v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1965
- City of Montpelier v. Barnett, Sanborn and Natural Resources BoardSupreme Court of Vermont · 2012
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