Legal Opinion

Hutchinson v. Granger

Supreme Court of Vermont

Decided February 15, 1841PublishedCited by 16 opinions

Trespass on the case for flowing the plaintiff’s land. The plaintiff declared, 4 in a plea of the ease for that the 4 plaintiff, at Woodstock, on the first day of May, A. D. 4 1830, was and ever since has been and still is possessed of 4 a certain close, being twenty-five acres of meadow land, 4 in said Woodstock, (describing it) through which meadow 4 there has during all that time run, and still runs, a brook 4 called Oil Mill Brook, which runs northwardly by the jail, c…

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Trespass on the case for flowing the plaintiff’s land. The plaintiff declared, 4 in a plea of the ease for that the 4 plaintiff, at Woodstock, on the first day of May, A. D. 4 1830, was and ever since has been and still is possessed of 4 a certain close, being twenty-five acres of meadow land, 4 in said Woodstock, (describing it) through which meadow 4 there has during all that time run, and still runs, a brook 4 called Oil Mill Brook, which runs northwardly by the jail, c in said Woodstock ; yet the said Granger, well knowing 4 the premises, but contriving and maliciously intending 4…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The present is an action of trespass on the case, for flowing the plaintiff’s land by means of a dam on defendant’s land, which had been kept up by him. The principal controversy in the case seems to have been determined by a former decision of this court, in chancery. The plaintiff still claims damage, to some extent, and offered testimony in the court below to show such damage, which was rejected by that court on the ground of variance.

The declaration, in this case, alleges that the entire darm was wrongfully erected and kept up by the…

2Cited by16 opinions

  1. McAllister v. BenjaminSupreme Court of Vermont · 1923
  2. Amos Wade v. Jacob R. Leroy and Henry E. PierrepointSupreme Court of the United States · 1858
  3. Folsom v. Town of UnderhillSupreme Court of Vermont · 1864
  4. Shoemaker v. SonjuNorth Dakota Supreme Court · 1906
  5. Conard v. . ShufordSupreme Court of North Carolina · 1917

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