Legal Opinion

Miller v. Lapham

Supreme Court of Vermont

Decided February 15, 1872PublishedCited by 5 opinions

ACTION on the Case, for the diversion of water from the plaintiffs’ mills. Trial by jury upon the general issue — verdict for the plaintiff, September term, 1871, Wheeler, J., presiding.

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ACTION on the Case, for the diversion of water from the plaintiffs’ mills. Trial by jury upon the general issue — verdict for the plaintiff, September term, 1871, Wheeler, J., presiding. It appeared that the plaintiffs’ paper-mill was situate in Eair-haven, on the south side of Castleton river, and that on the north side of the river was situate a grist-mill and a saw-mill — the gristmill belonging to the defendants — and that the water to supply these several mills was taken from a common dam across the river, the water for the paper-mill being conducted to it by means of a flume of its own…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

In 1867 and 1868, the plaintiffs and defendants were owners of certain rights in a water power on Castleton river, at Fairhaven. July 30, 1804, Salmon Norton owned the entire water power so far as the rights of these parties are involved. There was then a paper-mill on the south side of the river, and a saw-mill and a grist-mill on the north side, all driven from a common power, created by the same dam. The former Salmon Norton had received as his distributive share, or a part of his distributive share from his father, Josiah Norton’s estate;…

2Cases cited2 opinions

  1. Rood v. JohnsonSupreme Court of Vermont · 1853
  2. Robinson v. MorseSupreme Court of Vermont · 1854

3Cited by5 opinions

  1. Okemo Mountain, Inc. v. Town of Ludlow Zoning Board of AdjustmentSupreme Court of Vermont · 1995
  2. Vermont Shade Roller Co. v. Burlington Traction Co.Supreme Court of Vermont · 1930
  3. Hartford Woolen Co. v. BugbeeSupreme Court of Vermont · 1903
  4. Western Education Society v. HuntingtonOhio Superior Court, Cincinnati · 1914
  5. Hill v. HanlonOhio Court of Appeals · 1933

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