Willey v. Hunter
Supreme Court of Vermont
Case, in two counts, for erecting and maintaining a dam. Heard on the report of a referee, December Term, 1883, Rowell, J., presiding. Judgment for the plaintiff. The dam in question is in Topsham. The intestate’s dwelling-house was “ situated within thirty feet of the east bank of the stream.” The lower end of the drain leading from the cellar was “ under the water at the edge of the stream.”
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Case, in two counts, for erecting and maintaining a dam. Heard on the report of a referee, December Term, 1883, Rowell, J., presiding. Judgment for the plaintiff. The dam in question is in Topsham. The intestate’s dwelling-house was “ situated within thirty feet of the east bank of the stream.” The lower end of the drain leading from the cellar was “ under the water at the edge of the stream.” The referee found as to the bridge over the dam: “ I find that with nothing below the bridge to obstruct or hinder the free passage of the water, there is ample room for all the water of that stream to…
1Opinion of the Court
*484The opinion of the court was delivered by
Ross, J.
I. It is contended by the defendant, that the referee improperly received and considered, the testimony of Horace Willey, the administrator of the estate of Jacob B. Chamberlin. This suit was commenced by the intestate, and on his decease the administrator entered to prosecute. It is to recover for damages to the real estate of the intestate, alleged to have been occasioned by the defendant's wrongful obstruction of a stream of water, causing it to set back upon the premises of the intestate. It is contended that the administrator was…
2Cases cited9 opinions
- Cram v. CramSupreme Court of Vermont · 1860
- Williams v. BaldwinSupreme Court of Vermont · 1835
- of Carpenter v. MooreSupreme Court of Vermont · 1871
- O'Hear v. SkeelesSupreme Court of Vermont · 1850
- Baxter v. BuckSupreme Court of Vermont · 1838
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3Cited by14 opinions
- Bishop v. Readsboro Chair Manufacturing Co.Supreme Court of Vermont · 1911
- Smith v. Vermont Marble CompanySupreme Court of Vermont · 1926
- Doty v. Village of JohnsonSupreme Court of Vermont · 1910
- Fort Scott, Wichita & Western Railway Co. v. TubbsSupreme Court of Kansas · 1892
- Welch v. LaGueSupreme Court of Vermont · 1982
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