Whipple v. Village of Fair Haven
Supreme Court of Vermont
Pill in chancery to enjoin the defendant from the maintenance of a certain culvert, and to compel the payment of damages already done by the discharge of water upon the orator’s premises through said culvert. Heard at the September term, 1889, upon the pleadings and a master’s report. Powers, chancellor, dismissed the bill proforma. The orator appeals. The premises in question were a ravine in the village of Fair Haven.
Read the full summary
Pill in chancery to enjoin the defendant from the maintenance of a certain culvert, and to compel the payment of damages already done by the discharge of water upon the orator’s premises through said culvert. Heard at the September term, 1889, upon the pleadings and a master’s report. Powers, chancellor, dismissed the bill proforma. The orator appeals. The premises in question were a ravine in the village of Fair Haven. This ravine was adjacent to the highway, which descended at that point from both directions. Hpon each side of the highway were ditches which conducted the surface water down…
1Opinion of the Court
The opinion of tlie court was delivered by
ROWELL, J.
The charter of the village authorized it to make such by-laws as it deemed best in relation to streets and public highways, and the cleaning, repairing, and improving of the same. The general law gave it substantially the same authority. R. L. 2786. The by-laws of the village, adopted pursuant to its charter, divided its territory into highway districts, and made it the duty of its trustees to see that the highways and walks were at all times kept in proper repair, and suitable drains provided for taking the water therefrom, and to maintain…
2Cases cited7 opinions
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- Byrnes v. . City of CohoesNew York Court of Appeals · 1876
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
- Hart v. Farmers & Mechanics BankSupreme Court of Vermont · 1860
- Haynes v. Town of BurlingtonSupreme Court of Vermont · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- California Development Co. v. New Liverpool Salt Co.Court of Appeals for the Ninth Circuit · 1909
- Van Dyke v. ColeSupreme Court of Vermont · 1908
- Cloyes v. Middlebury Electric Co.Supreme Court of Vermont · 1907
- Sanborn v. Village of Enosburg FallsSupreme Court of Vermont · 1914
- Fife v. CateSupreme Court of Vermont · 1912
11 more not listed; retrieve them via the Exa API.