Hall v. Chaffee
Supreme Court of Vermont
Trespass on the case, against the defendants for building a dam across Pike river, in Enosburgh, thereby causing the water to overflow the plaintiff’s land and impede the plaintiff in the use of his starch factory, situated on said river, above said dam. Plea, not guilty-, and trial by jury.
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Trespass on the case, against the defendants for building a dam across Pike river, in Enosburgh, thereby causing the water to overflow the plaintiff’s land and impede the plaintiff in the use of his starch factory, situated on said river, above said dam. Plea, not guilty-, and trial by jury. On the trial in the county court, it appeared, from deeds offered by the plaintiff, that, in 1821, David R. Nutting, who then owned the land and privileges claimed by the plaintiff, leased them, perpetually, to Isaac Fletcher, for the purpose of erecting certain buildings and operating certain machinery,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
We think the plaintiff’s title sufficient to maintain this action. Possession, with the consent of the owner, is sufficient. Hull v. Fuller, 4 Vt. R. 199. The Nutting lease limited the erections to those specified, and might have been avoided for non-fulfilment of this condition subsequent, either by the lessor, his heirs or assigns; but it could not be so avoided by the defendants, who are mere strangers.' If the lessor does not insist upon the condition, a mere stranger cannot. The deed from Bradley, too, although of the same date with…
2Cases cited1 opinion
- Benedict v. BenedictSupreme Court of Connecticut · 1813
3Cited by13 opinions
- Maxwell v. Bay City Bridge Co.Michigan Supreme Court · 1879
- Camp v. MilamSupreme Court of Alabama · 1973
- Metcalf v. HartWyoming Supreme Court · 1891
- Clark v. GliddenSupreme Court of Vermont · 1887
- Peters v. JonesSupreme Court of Iowa · 1872
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