Legal Opinion

Tullar v. Baxter

Supreme Court of Vermont

Decided January 15, 1887PublishedCited by 4 opinions

Bill IN Chancery. Heard on the pleadings, proofs and motion to suppress, September Term, 1885, Royce, Chancellor. The orator is entitled to relief in a court of equity. Ang. Wat. ss. 444, 457 ; Gould Waters, 540 ; Lyon v. McLaughlin, 32 Vt. 423 ; ¡Saribom v. Braley, 47 Vt. 170. The parties are under a common duty to maintain the dam.

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Bill IN Chancery. Heard on the pleadings, proofs and motion to suppress, September Term, 1885, Royce, Chancellor. The orator is entitled to relief in a court of equity. Ang. Wat. ss. 444, 457 ; Gould Waters, 540 ; Lyon v. McLaughlin, 32 Vt. 423 ; ¡Saribom v. Braley, 47 Vt. 170. The parties are under a common duty to maintain the dam. Gould Waters, ss. 307, 540; Bradfield v. Dwell, 48 Mich. 9 ; Dor-man v. Prince, 40 Barb. 213': Ciarle v. Plummer, 31 Wis. 442 ; /Sanborn v. Braley, 47 Vt. 170 ; Campbell v. Mesier, 4 Johns. Ch. 333., Each party had a common right and interest in the dam. Gould…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

This is a bill in equity asking the court, among other things, to íix and declare the relative liabilities of the parties hereto to share in the expense of rebuilding and maintaining the dam across the Missisquoi river at Keyes’ Falls in Ilighgate.

*469It appears from tbe pleadings that the Missisquoi river, in the locality in question, runs northwesterly and then westerly past the mills and shops of the orator and the defendants, particularly described in the pleadings, and that the water power supplying said mills and shops is furnished by means…

2Cases cited1 opinion

  1. Wade v. PulsiferSupreme Court of Vermont · 1881

3Cited by4 opinions

  1. Town of Manchester v. Town of TownshendSupreme Court of Vermont · 1937
  2. Trudeau v. FieldSupreme Court of Vermont · 1897
  3. Kelly v. Alpstetten Association, Inc.Supreme Court of Vermont · 1973
  4. Thomas v. ClarkSupreme Court of Vermont · 1975

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