Avery v. Vermont Electric Co.
Supreme Court of Vermont
Petition under V. S. c. 159. Heard on Vermont Electric Co.’s motion to dismiss, at the September Term, 1902, Chittenden County, Start, J., presiding. Two questions are raised for consideration.
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Petition under V. S. c. 159. Heard on Vermont Electric Co.’s motion to dismiss, at the September Term, 1902, Chittenden County, Start, J., presiding. Two questions are raised for consideration. (1) Is the application of water power, developed by the raising of a dam as contemplated by chapter 159 of the Vermont Statutes, to the operation of a railroad by electricity, a public benefit justifying the exercise of the right of eminent domain under the so-called flowage acts? (2) If not, are said acts constitutional as involving a legitimate legislative control over the common rights and interests…
1Opinion of the CourtMunson, J.
The petition alleges that the petitioner is the owner in trust of a certain mill property on the Winooski river, and that he desires to raise to the height of fifty feet a dam now existing on said property, and proposes to use the *238water-power so provided in generating electricity for the operation of the Burlington and Hinesburgh railroad; shows further that the raising of this dam will flow the lands of other owners, and that the petitioner is unable to agree with them as to the damages they will sustain; and prays that he may be permitted 'to raise said dam, and for the appointment of…
2Cases cited6 opinions
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
- Tyler v. BeacherSupreme Court of Vermont · 1871
- Eldridge v. SmithSupreme Court of Vermont · 1861
- In re Barre Water Co.Supreme Court of Vermont · 1889
- Johns v. StevensSupreme Court of Vermont · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Brown v. GeraldSupreme Judicial Court of Maine · 1905
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- State ex rel. M. O. Danciger & Co. v. Public Service CommissionSupreme Court of Missouri · 1918
- State v. MorseSupreme Court of Vermont · 1911
- Posey v. DoveNew Mexico Supreme Court · 1953
19 more not listed; retrieve them via the Exa API.