Ford v. Whitlock
Supreme Court of Vermont
Biversion of water course. Action, on the case for obstructing a water course. Plea, tbe general issue, trial by jury, March Term, 1854,— Pierpoint, J., presiding. The plaintiffs owned a piece of land tM-ough wMch the stream of water in question passed, and upon wliicli stood a saw-mill. The defendant owned the piece of land on said stream, below and adjoining to that of tbe plaintiff’s.
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Biversion of water course. Action, on the case for obstructing a water course. Plea, tbe general issue, trial by jury, March Term, 1854,— Pierpoint, J., presiding. The plaintiffs owned a piece of land tM-ough wMch the stream of water in question passed, and upon wliicli stood a saw-mill. The defendant owned the piece of land on said stream, below and adjoining to that of tbe plaintiff’s. The stream upon the defendant’s land formerly took a cicuitous course, and in 1828, the person who then owned the land cut a ditch about eight rods in length through wMch he turned said stream, and thereby…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. There can be no manner of doubt whatever of the right of the owner of land, through which a stream runs to change the course of the stream, on his own land, to any extent, if he does not thereby diminish, in any material degree, the beneficial use to other proprietors, either above or below. And in so doing he requires no consent of such other proprietors, and has the same right to continue this change from the first as after the lapse of fifteen years. And he may in such ease Restore the stream to its former channel at any time,…
2Cases cited2 opinions
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- Norton v. VolentineSupreme Court of Vermont · 1842
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- Kray v. MuggliSupreme Court of Minnesota · 1901
- Cloyes v. Middlebury Electric Co.Supreme Court of Vermont · 1907
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