Chatfield v. Wilson
Supreme Court of Vermont
Case for the disturbance of a water-course. Tke declaration contained three counts, the first and second charging the defendant with having lowered and changed the channel of a brook, which divided the farms of the plaintiff and the defendant, and diverting the water therein; and the third complained of an interference by the defendant, with the natural flow or passage, by percolation, of the water through the defendant’s land to the plaintiff’s, by means of which a…
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Case for the disturbance of a water-course. Tke declaration contained three counts, the first and second charging the defendant with having lowered and changed the channel of a brook, which divided the farms of the plaintiff and the defendant, and diverting the water therein; and the third complained of an interference by the defendant, with the natural flow or passage, by percolation, of the water through the defendant’s land to the plaintiff’s, by means of which a reservoir or tub on the plaintiff’s land was supplied with water. The case was referred, and the referees reported the following…
1Opinion of the CourtBarreit, J.
The case comes before us upon the report of the referees, and the judgment rendered thereupon by the county court.
Upon any fair construction of the report, taken in all its parts, we are unable to see any difference between the case as it now stands, and as it stood when before the court, as reported in 28 Vt. 49, so far as relates to the acts of the defendant in cutting off the water by the ditch and fill upon Ms own land, and thereby preventing it from percolating under ground to the plaintiff’s tub..
*362But that feature of the present case which consists of the defendant’s digging out the bed…
2Cases cited2 opinions
- Chatfield v. WilsonSupreme Court of Vermont · 1855
- Churchill v. RosebeckSupreme Court of Connecticut · 1843
3Cited by5 opinions
- White River Chair Co. v. Connecticut River Power Co.Supreme Court of Vermont · 1932
- Lawrie v. SilsbySupreme Court of Vermont · 1904
- Kasuba v. GravesSupreme Court of Vermont · 1937
- Barre Water Co. v. CarnesSupreme Court of Vermont · 1893
- Bridgeman v. Village of HardwickSupreme Court of Vermont · 1895