Tullar v. Baxter
Supreme Court of Vermont
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
- Wade v. PulsiferSupreme Court of Vermont · 1881
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- Trudeau v. FieldSupreme Court of Vermont · 1897
- Kelly v. Alpstetten Association, Inc.Supreme Court of Vermont · 1973
- Thomas v. ClarkSupreme Court of Vermont · 1975