Smith v. Staso Milling Co.

(after stating the facts as above). As this case concerns the enjoyment of land in the state of Vermont, and depends upon the relative interests of two landowners, we are to decide it in accordance with the common law of that state, so far as it is disclosed by the decisions of its highest court. Buchser v. Buchser, 231 U. S. 157, 34 S. Ct. 46, 58 L. Ed. 166. So far as we can find, however, the Vermont decisions are not different, as respects the rights of riparians, from the general law. The defendant, while not using the brook directly, has created in its neighborhood deposits of sludge…