Woodbury v. Short
Supreme Court of Vermont
Trespass on the Case for so diverting a stream, of water from its natural and usual course, as to cause it to flow over and inundate the plaintiff’s land. Plea, the general issue, and trial by jury. On trial the plaintiff gave evidence tending to prove that the defendant, in 1840, obstructed the course of a stream of water, upon his land, so as to cause it to flow over the plaintiff’s land, as alleged in her declaration; whereby she suffered injury.
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Trespass on the Case for so diverting a stream, of water from its natural and usual course, as to cause it to flow over and inundate the plaintiff’s land. Plea, the general issue, and trial by jury. On trial the plaintiff gave evidence tending to prove that the defendant, in 1840, obstructed the course of a stream of water, upon his land, so as to cause it to flow over the plaintiff’s land, as alleged in her declaration; whereby she suffered injury. The defendant gave evidence tending to prove, that ever before and until the year 1830 the said stream had flowed in a certain direction, and…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
In 1840 the defendant diverted a stream of water from the course, in which it was then running across his land, by reason of which the plaintiff’s land was overflowed and injured; and this action was brought to recover the damage, which the plaintiff claims, she has sustained. The case shows that ever before and until 1830 the stream had run in a given channel, and in that year the stream, in a sudden freshet, had changed its course upon the defendant’s land, and that it had been permitted to run in its new *389channel until 1840, when the…
2Cited by17 opinions
- Smith v. YoumansWisconsin Supreme Court · 1897
- Chowchilla Farms Inc. v. MartinCalifornia Supreme Court · 1933
- Cloyes v. Middlebury Electric Co.Supreme Court of Vermont · 1907
- Matheson v. WardWashington Supreme Court · 1901
- Ford v. WhitlockSupreme Court of Vermont · 1855
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