Wright v. Cooper
Supreme Court of Vermont
TRESPASS. The plaintiff in substance de~ blared, that he was possessed of a farm of 290 acres -of land in Weybridge, bounded on Otter Creek; that the defendants, between the 4th of May, 1797, and the 7th of August, 1799, erected dams at the head of die falls on Otter Creek, within the city of Vergennés, which occasioned an unusual rising of the waters, and caused them to overflow his lands, whereby his crops were destroyed, and his farm otherwise injured, ad damnum.
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TRESPASS. The plaintiff in substance de~ blared, that he was possessed of a farm of 290 acres -of land in Weybridge, bounded on Otter Creek; that the defendants, between the 4th of May, 1797, and the 7th of August, 1799, erected dams at the head of die falls on Otter Creek, within the city of Vergennés, which occasioned an unusual rising of the waters, and caused them to overflow his lands, whereby his crops were destroyed, and his farm otherwise injured, ad damnum. The action was instituted-the 7th of August, 1799. The defendants pleaded jointly the general issue, and the cause was tried by…
1Opinion of the Court
Opinion of the Court.
The practice of the Court has ever been to sustain actions founded on tort against one or more defendants.
There is something singular in the present action, as exhibited in evidence on the trial.
The plaintiff has a farm bounded on a river. Two dams have been erected in the stream, which caused the waters to overflow the plaintiff’s lands, by which he has been materially injured. The plaintiff has brought Ms action against the separate owners of these dams. Both dams must have been erected be*432fore any damage could have resulted. It is contended, that the two owners could…
2Cited by7 opinions
- Beaulac v. RobieSupreme Court of Vermont · 1917
- Town of Sharon v. Anahama Realty Corp.Supreme Court of Vermont · 1924
- Hunter v. PrestonSupreme Court of Vermont · 1933
- Moulton v. MooreSupreme Court of Vermont · 1884
- Coldwell v. LangSupreme Court of Vermont · 1933
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