Town of Manchester v. Cherbonneau

This action was commenced when the plaintiff, Town of Manchester, sought an injunction in the Bennington County Court to enjoin the defendants from plugging a culvert which drained water on their property. The defendants answered and interposed a counter-claim alleging, in substance, that the waters passing through the culvert, which were polluted and contaminated, spread over areas of their property resulting in damage. Defendants also requested that plaintiff be enjoined from continuing to collect and dump the polluted waters on their property.

The case was tried by court, findings of fact…