Town of Bennington v. Fillmore & Slade

Moulton, Superior Judge.

This is a suit in chancery originally brought by the town of Bennington against the defendants Fillmore & Slade, praying for a perpetual injunction against the maintenance of certain dams owned and maintained by them across the 'Walloomsac River, and the maintenance of certain other obstructions in that river at a height sufficient to obstruct the water so as to cause it to overflow the banks of the river and flood a certain highway. An assessment of damages was also sought, and there was a prayer for general relief.

The defendants Fillmore & Slade filed an answer in…