Henry v. Vermont Central Railroad
Supreme Court of Vermont
Case. The first count of the declaration alleged that the plaintiff was the owner of a farm lying on the bank of Winooski river, the current of which had so run, that it was thrown away from his farm on to the other bank, until the defendants, in constructing their road, in order to build a bridge across the river, erected two piers in the stream, and thereby obstructed the natural and ancient channel, and turned the current directly against the plaintiff’s farm, the effect…
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Case. The first count of the declaration alleged that the plaintiff was the owner of a farm lying on the bank of Winooski river, the current of which had so run, that it was thrown away from his farm on to the other bank, until the defendants, in constructing their road, in order to build a bridge across the river, erected two piers in the stream, and thereby obstructed the natural and ancient channel, and turned the current directly against the plaintiff’s farm, the effect of which was to cut out and wash away a large quantity of land therefrom. The second and third counts alleged that the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
This is a demurrer to the plaintiffs declaration.
The case has not been argued on the part, of the plaintiff, which leaves the court at great disadvantage, as it seems to be one of first impression.
The plaintiffs claim is that the course of the current of the river has been so changed, by the erection of one of the defendants’ bridges, that it wears into the bank on his side, and thus, by attrition, wears off his soil, and gradually changes the course of the stream, some distance below the bridge, to his detriment. In *640the first count…
2Cited by5 opinions
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