Leonard v. Village of Rutland
Supreme Court of Vermont
Petition for the assessment of damages for the taking ot water under its charter by the village of Rutland. Heard upon the report of commissioners at the September term, 1893, Rutland county, Tyler, J., presiding. Judgment pro forma for the defendant. The petitioner excepts. Prior to 1891 the village of Rutland had derived its water supply for the most part from the Mendo'n branch of East creek, in the town of Rutland.
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Petition for the assessment of damages for the taking ot water under its charter by the village of Rutland. Heard upon the report of commissioners at the September term, 1893, Rutland county, Tyler, J., presiding. Judgment pro forma for the defendant. The petitioner excepts. Prior to 1891 the village of Rutland had derived its water supply for the most part from the Mendo'n branch of East creek, in the town of Rutland. This supply had become insufficient, and, for the purpose of increasing it, in the summer of 1891 the village constructed, a reservoir into which it conducted the water from…
1Opinion of the CourtTyler, J.
This is a petition brought to recover damages under the charter of the village of Rutland, for the taking of water from a stream upon which the petitioner’s mills are situated.
Section 39 of No. 204, Laws of 1882, is as follows :
“The village of Rutland, in its corporate capacity, is hereby authorized and empowered to increase, enlarge and improve its water sources, water rights and aqueducts, with a view of providing an increased supply of pure water for public and private uses in said village ; and for that purpose it may take and hold, by purchase or otherwise, such ponds, springs, streams,…
2Cases cited1 opinion
- Bailey v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1879
3Cited by4 opinions
- Loranger v. City of FlintMichigan Supreme Court · 1915
- In re Barre Water Co.Supreme Court of Vermont · 1900
- Baxter v. Village of RutlandSupreme Court of Vermont · 1895
- Bridgeman v. Village of HardwickSupreme Court of Vermont · 1895