Waterman v. Connecticut & Passumpsic Rivers Railroad
Supreme Court of Vermont
Case for obstructing a watercourse upon the plaintiff’s farm. The declaration set forth the location and building of the defendants’ railway across the plaintiff’s farm, and alleged that thereby the defendants wholly obstructed a water-course thereon, and prevented its running in its natural channel, and turned the same upon the plaintiff’s meadow, whereby his land was gullied out, and his aqueducts, conveying water to his house, injured, etc., etc.
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Case for obstructing a watercourse upon the plaintiff’s farm. The declaration set forth the location and building of the defendants’ railway across the plaintiff’s farm, and alleged that thereby the defendants wholly obstructed a water-course thereon, and prevented its running in its natural channel, and turned the same upon the plaintiff’s meadow, whereby his land was gullied out, and his aqueducts, conveying water to his house, injured, etc., etc. The case was referred, and the referee reported the following facts; In 1847, tlie defendants located and built their railway through the…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
The defendants’ first objection to the recovery of the plaintiff upon the report of the referee, is, that the facts reported as found, do not sustain the charge made by the plaintiff in his declaration. It is doubtless true that where a pending action is submitted to a referee, and the submission is made a rule of court, that the plaintiff must proceed for the same cause of action named in his declaration, and will not be permitted to abandon that cause of action, and go for another for which the suit was not brought. But this is an objection…
2Cited by17 opinions
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- O'Connor v. Fond du Lac, Amboy & Peoria Railway Co.Wisconsin Supreme Court · 1881
- Sinai v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1893
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