Town of Bristol v. Palmer
Supreme Court of Vermont
Appeal in Chancery. Heard on pleadings and master’s report at the June Term, 1908, Addison County, Powers, Chancellor. Decree for the orator. The defendant appealed. The opinion states the case. The doctrine of comparative interest and injury should not be invoked in this ease. While the dam was being built it was under water and its existence unknown to the orator or its selectmen.
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Appeal in Chancery. Heard on pleadings and master’s report at the June Term, 1908, Addison County, Powers, Chancellor. Decree for the orator. The defendant appealed. The opinion states the case. The doctrine of comparative interest and injury should not be invoked in this ease. While the dam was being built it was under water and its existence unknown to the orator or its selectmen. As soon as the dam was discovered, the defendant was immediately notified by the selectmen of the objections of the town and of their intention to protect the interest of the town. If defendant afterwards incurred…
1Opinion of the CourtHaselton, J.
This was an injunction bill with a prayer for damages to be determined on an accounting. The case was heard in the court of chancery on the report of a special master, and comes here on an appeal from a decree in favor of the orator.
*57The New Haven River runs through the town of Bristol. Across it is a certain covered bridge, known as the Lower Notch Bridge, that is part of a public highway, and it is conceded by the defendant that the highway including the bridge was legally established in 1850. At the point in question the bridge runs practically east and west, and the river runs under it in…
2Cases cited8 opinions
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- Attorney General v. Algonquin ClubMassachusetts Supreme Judicial Court · 1891
- Royce v. CarpenterSupreme Court of Vermont · 1907
- Town of Burlington v. SchwarzmanSupreme Court of Connecticut · 1884
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3Cited by15 opinions
- Holman v. Athens Empire Laundry Co.Supreme Court of Georgia · 1919
- Felsenthal v. WarringCalifornia Court of Appeal · 1919
- Sussex Land & Live Stock Co. v. Midwest Refining Co.Court of Appeals for the Eighth Circuit · 1923
- Kenyon v. Edmundson, Adm'rSupreme Court of Oklahoma · 1920
- Bartlett v. Grasselli Chemical Co.West Virginia Supreme Court · 1922
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