Legal Opinion

In re Barre Water Co.

Supreme Court of Vermont

Decided October 15, 1889PublishedCited by 28 opinions

This ease was heard upon the report of commissioners at the September Term, Washington County, 1888, Tylkr, J., presiding. The charter of the Barre Water Company provides that in case that company deemed it necessary in the construction of its works to enter upon private lands or appropriate private waters, commissioners should be appointed to appraise the damages, who should return their report to the County Court for judgment thereon.

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This ease was heard upon the report of commissioners at the September Term, Washington County, 1888, Tylkr, J., presiding. The charter of the Barre Water Company provides that in case that company deemed it necessary in the construction of its works to enter upon private lands or appropriate private waters, commissioners should be appointed to appraise the damages, who should return their report to the County Court for judgment thereon. The company proposes to erect its dam and draw water from a certain point on the Jail Branch, and the exceptants are the owners of mill privileges on that…

1Opinion of the Court

The opinion of the court was delivered by

Rowell, J.

The Barre Water Company is incorporated by special charter, “for. the purpose of furnishing the town of Barre and the inhabitants thereof with water for the extinguishment of fires, and for domestic, sanitary, and other purposes.” St. 1886, No. 171. For these purposes it is authorized to take, by purchase or otherwise, the water from Jail Branch and other waters. The company proposes to dam that branch, about two miles above Barre village, and take water therefrom in a 16-inch main, to supply the village. A main of that size is fairly and…

2Cases cited4 opinions

  1. Grenada County Supervisors v. BrogdenSupreme Court of the United States · 1884
  2. Tyler v. BeacherSupreme Court of Vermont · 1871
  3. Lucia v. Village of MontpelierSupreme Court of Vermont · 1888
  4. Farnsworth v. GoodhueSupreme Court of Vermont · 1876

3Cited by28 opinions

  1. Thayer v. California Development Co.California Supreme Court · 1912
  2. Clendaniel v. ConradSupreme Court of Delaware · 1912
  3. Brown v. GeraldSupreme Judicial Court of Maine · 1905
  4. Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
  5. Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891

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